skc 1 WP-1473-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1473 OF 2011 Chandan Vasudev Gangan & Ors. ..Petitioners versus State of Maharashtra & Ors. ..Respondents Mr. Vishwajit Sawant i/b. Mr. A. V. Joshi for Petitioners. Mr. C. R. Sonawane, Assistant Government Pleader for Respondent Nos. 1 and 3. Mr. Nitin Dhumal for Respondent No. 2. Mr. Sagar Joshi for Applicant / Intervener. CORAM : D. D. SINHA & A. R. JOSHI, JJ. 29 June 2011. P.C. : Heard the learned counsel for the petitioners, learned Assistant Government Pleader for respondent nos. 1 and 3, learned counsel for the respondent no. 2. 2. The grievance of the petitioners is that even though the decree is passed against 18 occupants who were occupying galas, the Municipal Council recommended the case of occupants of 13 galas only for extension skc 2 WP-1473-11 of lease and the petitioners were singled out. It is the case of the petitioners that once the case of persons identically situated were recommended for extension of lease by the Municipal Council, there is no reason why the cases of the petitioners should not have been recommended. 3. The learned counsel for the respondent no. 2 has submitted that so far as the claim of the petitioners for grant of extension of lease is concerned, which is under consideration and because of the pendency of the present petition could not be decided finally. The learned counsel states that the decision in respect of the grant of extension of lease / recommendations in respect of the petitioners pertaining to galas shall be taken in accordance with law and the procedure applicable in this regard within a period of 12 weeks from the date of communication of this order. 4. Learned counsel for the petitioner has submitted that since the petitioners are in occupation of the premises (galas) for a long time, the possession may be protected till such time the decision is taken by the respondent no.2. 5. Considered the contentions canvassed by the respective counsel. Counsel for the respondent no.2 has specifically stated that the case of the skc 3 WP-1473-11 petitioners for grant of extension of lease in respect of galas could not be decided because of the pendency of the present petition and shall be decided within a period of 12 weeks from the date of communication of this order. In that view of the matter, we see no reason to keep the petition pending and we dispose of the writ petition and expect the respondent no.2 to decide the claim of the petitioners for extension of lease in respect of galas on its own merits in accordance with law and the procedure applicable in this regard within a period of 12 weeks from the date of communication of this order. Since the petitioners are in occupation of the premises (galas) for a long time, in the interest of justice we direct the parties to maintain status quo till such time the decision is taken by the respondent no. 2. At this stage, counsel for the petitioners has submitted that if the order passed by the respondent no. 2 is adverse to the petitioners, the respondent no. 2 may be directed not to give effect to the same for a period of two weeks. In the facts and circumstances of the present case, it will be appropriate to grant such protection. If the order passed by the respondent no. 2 is adverse to the petitioners the same may not be given effect to for a period of 10 days from the date of passing of such order. 6. Counsel for the petitioners state that the petitioners have already deposited rent of galas for the relevant period till April 2011 in the Registry skc 4 WP-1473-11 of this Court, which comes to Rs.1,61,365.28 paise and have no objection if permission is given to the respondent no. 2 to withdraw the said amount. Counsel for the respondent no. 2 seeks permission to withdraw the said amount. In the circumstances, we permit the respondent no. 2 to withdraw the amount of Rs.1,61,365.28 paise which is deposited by the petitioners in this Court. 7. With these observations and directions the writ petition is disposed of. (D. D. SINHA, J.) (A. R. JOSHI, J.)