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Bombay High CourtWP/77/2007dispossed offdismiss for default

Matsya Palan Sah. Sanstha Ltd., Thru. President v. Zilla Parishad Thru. C.E.O. And 2 ORS.

2015-01-08Hon'Ble Shri Justice Anoop V.Mohta,Hon'Ble Shri Justice A.R. Joshi1 pages

wp77.07 1/1 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 77 OF 2007 Matsya Palan Sahakari Sanstha Limited, Hardoli (Zanzal) -vsZilla Parishad, Bhandara and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ None for petitioner.

None for respondents.

CORAM : ANOOP V. MOHTA & A. R. JOSHI, JJ.

DATE : 08.01.2015.

The matter is called out from final hearing board. Though called twice, none present for the parties. After going through the record, we have noted that the petitioner has challenged order dated 04/07/2006 by filing petition on 16/10/2006. This Court by order dated 06/06/2008 while admitting the petition ordered to maintain status quo till final disposal of the writ petition or, expiry of the lease period whichever is earlier. Though liberty was granted, matter remained intact till for final hearing. The lease period in question was for five years. The status quo so granted need to be vacated and so also the petition need to be dismissed as the period of five years from 04/07/2006 expired in 2011 itself.

Therefore, in our view, this petition has become infructuous. By keeping all points open, the same is disposed of as infructuous with liberty.

Rule stands discharged.

(A.R.JOSHI,J.) (ANOOP V. MOHTA, J.) KHUNTE