: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.126 OF 2004 WRIT PETITION NO.126 OF 2004 WRIT PETITION NO.126 OF 2004 Chandulal M. Talera & Ors. .. Petitioners. Versus The State of Maharashtra & Ors. .. Respondents. Mr.V.V.Tulzapurkar with Mr.G.S.Godbole for the petitioners. Mr.S.V.Pitre for respondent No.4. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & R.Y. GANOO, JJ. R.Y. GANOO, JJ. R.Y. GANOO, JJ. DATE : 24th June, 2008. DATE : 24th June, 2008. DATE : 24th June, 2008. P.C.: P.C.: P.C.: 1. The learned Counsel appearing for respondent No.4- Municipal Council, after taking instructions from Chief Officer of respondent No.4- Municipal Council, who is present in Court makes a statement that the Municipal Council will stop using Gat No.263 of Village Varsoli, Taluka Maval, Dist.Pune as a garbage depot / garbage dumping ground and also stop using any land from Gat No.264 of Village Varsoli, Taluka Maval, Dist.Pune as approach road to the dumping ground after expiry of the period of 6 months from today unless the respondent No.4- Municipal Council succeeds in getting approval to the use of Gat No.263 of Village Varsoli described as above as a dumping ground and also acquire the lands from Gat No.264 of Village Varsoli in accordance with law so as to enable : 2 : the Municipal Council to use it as approach road to Gat No.263. 2. Statement accepted. 3. In view of this statement, in our opinion, it will not be proper to pass any orders in the petition considering that land from Gat No.263 is being used by Municipal Council which is the local authority as a dumping ground. 4. Rule is discharged. No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)