1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders WRIT PETITION NO.179/2008 Mr. S.K.Shinde, adv. h/f K.D. Bade Patil, adv. for petitioner Mr. K.J.Ghute Patil AGP for State. Geeta Deshpande adv. for R-2 and 3. Mr. P.R. Katneshwarkar, adv for R-6. 1. Heard the learned counsel for the parties present before the Court. 2. By the present writ petition, filed by the petitioner under Article 226 of Constitution of India prayed for writ of mandamus directing to respondents No.1 to 5 to include 10 villages as per initial scheme and proposal in construction of Mula High Level Right Bank Pipe Canal (Wambhori Pipechari) Tq. Rahuri Dist. Ahmednagar. 3. On behalf of the respondents No.2,3 and 4 have filed affidavit in reply which is sworn in by Shri Gokul Shrawan Mahajan, Assistant Engineer, Wambhori Tq. Rahuri Dist. Ahmednagar, and in paragraph No.2 thereof it is stated that considering the genuine problem of the abovesaid villagers, the respondents No.2,3 and 4 2 requested the Government by sending proposal to include the said villages in the Wambori Pipe Chari right Bank Canal. It is also stated that Government has virtually accepted the proposal and further process regarding this proposal is in progress. Accordingly respondents no.2 to 4 have annexed communication at (Exh.R-1) to the said reply. 4. In view of the said statement made by the respondents No.2,3 and 4 in the affidavit in reply, more particularly in paragraph No.2 thereof and communication R-1 annexed to said reply, nothing survives in the present writ petition. Same stands disposed off accordingly. 5. In the facts and circumstances, there shall be no order of costs. ( SHRIHARI P. DAVARE, J. ) ( S. B. DESHMUKH, J.) ***** Dt : 03.12.2009 aaa/179.08