1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.3127 of 2008 (Abhay Shaligram Gajbhiye .vs. Chief Officer, Mumbai Housing and Area Dev. Board and 2 Ors.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and A.P.Bhangale, JJ. DATE : 22.7.2008. Heard Mr. N.R.Saboo, Adv. for Petitioner and Mrs.Bodade, Assistant Government Pleader for Respondents. Counsel for petitioner states that, pursuant to the advertisement issued by MHADA, applications were invited from the eligible candidates for allotment of tenaments under the Scheme. It is submitted that last date of submission of applications was 30.1.2006. It is further contended that, as per the terms and conditions of the advertisement, the eligible persons were required to submit their applications in the collection center. Pursuant to the said advertisement, petitioner submitted application in the Office of respondent no.3, which is one of the collection centers, on 20.1.2006. However, since the petitioner's claim was given go-bye, the petitioner filed appeal before respondent no.1 on 1.12.2006, which is still pending for decision and therefore, the counsel for petitioner seeks 2 permission to withdraw present petition and prayed that direction be given to respondent no.1 to decide the appeal. At the outset, we must make it clear that we have not adjudicated upon eligibility of the petitioner to get allotment in view of the terms and conditions of the advertisement and it is for the competent Authority to consider this aspect. In the circumstances, we dispose of present petition as 'withdrawn' with a direction to the respondent no.1 to decide the appeal/representation of the petitioner, if maintainable, on its own merits, according to law and procedure applicable in this regard within a period of six weeks from the date of communication of this order. JUDGE JUDGE ssj