1 W.P.No.3048.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3048 OF 2009 Uddhav S/o Namdeo Sonawane, Age 40 years,Occupation Business, R/o Shivshankar Colony, Aurangabad. ...PETITIONER. VERSUS The Secretary, Maharashtra Housing and Development Authority, Mantralaya,Mumbai-32. And others ...RESPONDENTS. WITH WRIT PETITION NO.3051 OF 2009 Surekha W/o Natharao Godke, Age 40 years,Occupation Service, R/o Saimandir Galli, Shivshankar Colony, Aurangabad. ...PETITIONER. VERSUS The Secretary, Maharashtra Housing and Development Authority, Mantralaya,Mumbai-32. And others ...RESPONDENTS. WITH WRIT PETITION NO.3052 OF 2009 2 W.P.No.3048.09 Nagnath S/o Laxman Ghisewad, Age 47 years,Occupation Agril., R/o Pawar Colony, Kinwat Road, Bhokar, Tq.Bhokar,District Nanded. ...PETITIONER. VERSUS The Secretary, Maharashtra Housing and Development Authority, Mantralaya,Mumbai-32. And others ...RESPONDENTS. ... Shri.S.S.Thombre Advocate for Petitioners. Shri Amol Gandhi,Advocate for respondent No.4 (W.P.No.3051/09). Mrs.H.H.Waghmare,Advocate for respondent No.6 Shri.N.L.Jadhav,Advocate for respondent No.8 Shri.K.D.Bade Patil,Advocate for Respondent No.9. Shri P.F.Patni,Advocate for respondents. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 9TH JUNE, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. The learned counsel for the petitioners submits that I.D.B.I. Bank is a Nationalised Bank and the petitioners have submitted the Demand Draft of the said Bank alongwith their respective 3 W.P.No.3048.09 applications. But, at the last moment the respondent MAHADA rejected the applications of the petitioners on the ground that the Demand Draft of I.D.B.I. Bank, submitted by the petitioners alongwith their applications are not of the Nationalized Bank. 3. The learned counsel appearing for the MAHADA filed affidavit-in-reply and submits that the I. D. B. I. Bank is not a Nationalized Bank. Mr. Thombre, learned counsel for the petitioners placed reliance on the Notification issued by the Executive Director of the Reserve Bank of India, dated 30th September, 2004. Which reads as: DBOB No. BP. BC.458/21 04.152/2004/05 in pursuance of clause (a) of section (6) of Section 42 of Central Reserve Bank of India, 1934( 2 of 1934) the Reserve Bank of India, hereby directs inclusion in the section schedule to the said Act of the following Bank, namely. “Industrial Development Bank of India Ltd.” 4. From the record as existing today, it is not 4 W.P.No.3048.09 clear as to whether I.D.B.I. Bank is a Nationalized Bank. The process of draw is complete and the plots are allotted to the eligible applicants. The rights are created in the allottees. The necessary deeds are executed. According to the learned counsel appearing for the parties, some of the allottees have developed the plots, allotted to them. In the given facts, the balance of convenience lies in favour of the respondents-allottees. 4. In the light of the observations made above, no interference is called for. Therefore, the Writ Petitions stand dismissed. The petitioners are entitled to participate and apply in the fresh advertisement, in case, issued by the MAHADA in future. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK