- 1 - Writ Petition No.5887/2006 Heard counsel for the petitioner. Although this petition has been pending since 2006 as Public Interest Litigation, however, we find that the challenge is in respect of assessment made by the Municipal Corporation for the year 2002-03. Admittedly, no stay was operating during pendency of the petition. In our opinion, in all probability, the concerned assessees must have acted upon the assessment made in respect of their properties. Some of the assessees may have challenged the assessment and pursued the remedy available in law. Having regard to this uncertainty, in our considered opinion, the issues raised in the present petition may have become academic. Counsel for the petitioner, when called upon to ask the petitioner to file affidavit stating that as per his information all the assessees have not abided by the assessment for the period 2002-03, submits that it is not possible to make such a statement. - 2 - In this view of the matter, we do not find it appropriate to examine the grievance in this petition, which would end up only in an academic exercise. However, at the same time, we may make it clear that the individual assessees would be free to pursue their remedy against the assessment order, if already resorted to, including on the grounds raised in the present petition, which will be decided on its own merits in accordance with law. Suffice it to observe that this is not a fit case to exercise jurisdiction of this Court as a Public Interest Litigation. Hence, the same is dismissed. The petitioner would be free to withdraw the amount deposited in this Court in terms of order dated 29.8.2006. If the amount is not withdrawn within two weeks from today, the same shall stand forfeited and credited to the High Court Legal Services Authority’s account. (A.M. Khanwilkar, J.) (S.S. Shinde, J.) Dt/- 13.01.2010 ndk/c1311032