AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.582 OF 2009 IN WRIT PETITION NO.1899 OF 2005 Ms. Shamim Alimiya Khot & Ors. ... Petitioners Vs. Municipal Corporation of Greater Bombay & Anr. ... Respondents Anr Mrs. Zahida Sayed Ismail & Ors. ... Applicants Mr. A.H. Khatri i/b G.K. Wadhwa for the petitioners. Mr. P.M. Havnur for the applicant. Ms. Shobha Ajitkumar for B.M.C. CORAM : SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR, JJ. DATED : 13TH NOVEMBER, 2009. P.C.:- 1. The applicants had filed Writ Petition No.2413 of 2005. By speaking order dated 3/6/2008, the First Court disposed of the petition by passing the following order: AJN 2 “After hearing the learned counsel appearing for the parties and particularly keeping in view the fact that the earlier Writ Petition No.2175 of 2002 filed by the Petitioners was dismissed with liberty to the petitioners to approach the authorities concerned and it is after passing of the said order that the claim of the petitioners/applicants have been declined by the respondents – State by order dated 21/8/2004, giving rise to filing of the present Petition, except the right of the petitioners/applicants to claim benefit on the ground that they were in existence prior to the cut off date when the scheme came into force, we do not propose to issue any other direction or grant any other relief to the Petitioners. All principal contentions have been considered and not accepted by the Bench which passed the order in Writ Petition No.2175 of 2002. However, keeping in view the facts and circumstances of the present case, we dispose of this Petition with the above limited relief to the Petitioners.” 2. Thus, the First Court gave limited relief to the applicants to claim benefit on the ground that they were in existence prior to the cut off date when the scheme came into force and dismissed the petition considering that Writ Petition No.2175 of 2002 filed by the applicants was dismissed. It appears that, thereafter, the Corporation issued notice dated 29/9/2009 to the AJN 3 applicants. The applicants have replied to the said notice on 16/10/2009. Thereafter, the applicants filed Writ Petition No.2113 of 2009 contending inter alia that the Corporation has not considered order passed by this court in Writ Petition No.2413 of 2005, which we have quoted hereinabove. 3. That writ petition was disposed of by the First Court on 7/11/2009 by asking the Corporation to follow its order dated 3/6/2008. The applicants have taken out the present notice of motion praying that the Corporation be directed not to act in haste and render the applicants homeless until such time that the order dated 7/11/2009 in Writ Petition No.2113 of 2009 and order dated 3/6/2008 in Writ Petition No.2413 of 2005 are complied with. Actually, the applicants are aggrieved by non compliance of order dated 3/6/2008 passed in Writ Petition No.2113 of 2009 filed by them. Therefore, the present notice of motion assuming it can be taken out, ought to have been taken out in Writ Petition No.2113 of 2009 and not in this AJN 4 petition. Learned counsel for the applicants states that he will take out appropriate application in Writ Petition No. 2113 of 2009. Hence, no order needs to be passed on this notice of motion. 4. Notice of motion is disposed of. [SMT. RANJANA DESAI, J.] [SMT. MRIDULA BHATKAR, J.]