(1) WP 5515.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5515 OF 2008 1. Prabhakar S/o Piraji Tayade Age : 55 years, Occu.: Pensioner, R/o. Labour Colony, DRT-25 Aurangabad 2. Sk. Omar Sk. Ahmed, Age : 75 years, Occu.: Pensioner, R/o. Labour Colony, DRT-28, Aurangabad 3. Mrs. Mujeebul Haque w/o S.A. Haque Age : 62 years, Occu.: Nil, Labour Colony, TRT-2, Aurangabad PETITIONERS VERSUS 1. The State of Maharashtra Through Secretary, Urban Development Department, Mantralaya, Mumbai-32 2. The Maharashtra Housing Board, Mumbai-Through its Chairman 3. The Superintending Engineer, Building & Construction Department, Circle, Aurangabad 4. The Collector, Aurangabad District Aurangabad RESPONDENTS WITH CIVIL APPLICATION NO. 6776 OF 2011 IN WRIT PETITION NO. 5515 OF 2008 Nawab Mohammed Yusufuddin Khan and anr. APPLICANTS VERSUS Prabhakar Piraji Tayade and ors. RESPONDENTS (2) WP 5515.2008 ..... Mr. V.D. Salunke, Advocate for the Petitioner in W.P. and for the respondent in C.A. 6776.2011 Mr. K.G. Patil, A.G.P. for the respondent-State Ms. Renuka Ghule, Advocate for respondent nos.2 and 3 Mr. Zia-Ul-Mustafa, Advocate for the applicants (In C.A. 6776 of 2011) ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 12TH JULY, 2011 PER COURT: 1. This is a second round of litigation by the present petitioners, who appear to be bent on remaining in the official residential quarters allotted to them by the Government as its employees on certain untenable grounds. 2. The petitioners claim that in view of the Government resolution no. HBA-1062/2725-E dated 22.1.1964 issued by the Urban Development and Public Health Department, they are entitled for regularization of their occupation in the tenements granted to them as well as to other similarly situated persons. The petitioners however did not disclose in the present Writ Petition that they were (3) WP 5515.2008 earlier co-petitioners in three different Writ Petitions which were decided by this Court in Writ Petition no. 402 of 1985 and four other Writ Petitions. The said Writ Petitions were dismissed by this Court on 22nd November, 1999. It was held that the property called as Labour Colony in Aurangabad was purchased by the Government of Maharashtra from the then Housing Board, for the purposes of allotting tenements to the Government servants which were recorded in large number. In view of the amalgamation of the part of the earlier Hyderabad state in the State of Maharashtra at that time, the respective tenements were allotted to the petitioners and some other Class-III and Class-IV employees on condition that they would vacate the premises after their services would come to an end. 3. After their retirement, they had however filed the above said Writ Petitions claiming that they are entitled for continuation in the tenements on the ground that the property belongs to the Housing Board and therefore in view of the scheme formulated by the Government of Maharashtra vide (4) WP 5515.2008 Government Resolution dated 5.4.1979 they are entitled for allotment of the tenements as the resolution was regarding industrial workers and further that the petitioners were weaker section of the society. This Court has clearly held that the scheme is not applicable to the present petitioners and therefore the Writ Petitions were dismissed. 4. Without disclosing the history of filing of the earlier Petitions, the present petitioners have filed the present Writ Petition claiming that the Government Resolution dated 22.1.1964 issued by the Urban Development and Public Health Department is applicable to them and therefore, their occupation may be regularized. Mr. V.D. Salunke, learned counsel for the petitioners submits that since the present Petition is based on the Government Resolution of the year 1964, the earlier Writ Petitions were on totally different ground and, therefore, there was no need to state in the present Writ Petition about the filing of the earlier Writ Petitions. The present Government Resolution of 1964 however also is on the same grounds i.e. allotment of (5) WP 5515.2008 the tenements to the Industrial Labours and economically weaker persons belonging to the Maharashtra Housing Board. We fail to understand that when this Court on facts once have found that the present tenements are not the property of any Housing Board, but of the State of Maharashtra; how the second Writ Petition can be filed and that too without disclosure of the filing of earlier Writ Petitions. 5. On this sole ground, therefore, for suppression of material facts, the present Writ Petition deserves to be dismissed. 6. Besides this, the concluded fact that the tenements are not owned by the Housing Board but are owned by the State of Maharashtra which were allotted to the present petitioner as a Government employee, would itself show that the Government Resolution of 1964 would not be applicable in the present case. It appears that the petitioners are clinging to the quarters allotted to them though all of them are superannuated on their own admission. Their attitude therefore needs to be deprecated. (6) WP 5515.2008 7. In the result, the following order:- I. The Writ Petition is dismissed. II. Two Occupants have filed Civil Application no. 6776 of 2011 for adding them as parties in the present Writ Petition, claiming to be the original owners of the land, over which the present Labour Colony is constructed. In view of the dismissal of the Writ Petition, Civil Application no. 6776 of 2011 also stands dismissed. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp/