1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.808 OF 1993 (DY. CONSERVATOR OF FORESTS, BALLARPUR & OTH..VS.. MUNICIPAL COUNCIL, CHANDRAPUR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R.Deshpande, Advocate for Petitioners. Mr. S.G. Charde, Advocate for Respondent No.1. Mr. Anand Parchure, Advocate for Respondent No.2. CORAM : V.C.DAGA & A.B.CHAUDHARI , JJ. DATE : NOVEMBER 15, 2010. Heard learned counsel for the petitioners and the learned counsel appearing for the Municipal Council. The learned counsel for the petitioners has filed pursis on record dated 15.11.2010 along with letter dated 03.11.2010 issued by the respondent Municipal Council, Ballarpur under the signature of its Chief Officer, stating therein that the action under Section 37 of the Maharashtra Regional and Town Planning Act, 1966 (“MRTP Act” for short) is in contemplation. Accordingly the instructions are being issued to the Municipal Council. In view of this letter, the cause of action to proceed with the petition does not survive. However, the petitioner would be at liberty to pursue the action under Section 37 of the MRTP Act at the end of the respondent Municipal Council. In the event, the action is not taken to its logical end it would be open to the petitioners to resort to an 2 appropriate remedy as may be available in law. All rival contentions are kept open. The petition is accordingly disposed of with no order as to costs. Rule discharged. JUDGE JUDGE RR..