1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4118 OF 2008 (Adivasi Gowari Shahid Smruti Sheli VA Pashupalan Sahakari Sanstha Ltd. vs. State and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri A.C. Dharmadhikari, Advocate for petitioner. Smt. B.H. Dangre, Additional Government Pleader for respondent nos.1 and 2. --------- CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JULY 19, 2010 Heard learned Counsel for the parties. Respondent nos. 1 and 2 have filed affidavit dated 1/7/2010 wherein it is stated that proposal of the petitioner was placed before the Cabinet and it has taken the following decision in the meeting held on 2/6/2010 : “(a) project which was implemented by the petitioner society as Adiwasi Gowari Shahid Smruti Sheli Va Pashupalan Sanstha, Nagpur should be diverted to Punyashlok Ahilyadevi Maharashtra Mehdhi Va Shell Maryadit Vikas 2 Mahamandal and the said project should be implemented through the said Mahamandal. (b) loan and the interest due to the Bank would be repaid through State Government. (c) share contribution of the State Government would be converted into subsidy. (d) decision as regards payment of share capital to the society shareholders belonging to Gowari community and the rate regarding payment of share capital would be taken by the Hon'ble Chief Secretary in consultation with the concerned department. (e) staff appointed by the petitioner society would be diverted to Punyashlok Ahilyadevi Maharashtra Mehdhi Va Sheli Maryadit Vikas Mahamandal to whom project is handed over.” In view of the decision taken by the Government, in our opinion, this petition has become infructuous. Shri Dharmadhikari, learned Counsel for the petitioner, also does not dispute this position. He, however, has placed on record an affidavit of the petitioner dated 2/7/2010 and has prayed that the Cabinet before taking final decision may 3 consider the request made in the affidavit. Smt. Dangre, learned Additional Government Pleader submits that she will forward the affidavit dated 2/7/2010 to the Cabinet. Her statement is accepted. We hope and trust that the Cabinet shall take into consideration the affidavit of the petitioner before taking final decision on the proposal of the petitioner. With these observations, the petition is disposed of as infructuous. JUDGE JUDGE khj