1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2241 OF 2007 Suryakant S/o Tukaram Rana, Age : 62 Years, Occu. : Nil, R/o "Pratya" Apartment, Darga Road, Peer Bazar, Aurangabad .. PETITIONER Versus 1. City and Industrial Development Corporation Maharashtra Ltd. (CIDCO), Aurangabad Office, Udyog Bhavan, New Aurangabad Through its Chief Administrative. 2. The State of Maharashtra. .. RESPONDENTS Shri P. N. Sonpethkar, Advocate for the Petitioner. Shri Ram Shinde, Advocate h/f Shri A. S. Bajaj, Advocate for the Respondent No. 1. Shri S. K. Kadam, A.G.P. for the Respondent No. 2. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 25TH AUGUST, 2009. ORAL ORDER [ Per B. R. Gavai, J. ] : 1. The petitioner has filed present petition for directing the 2 respondent No. 2 to allot the proper plot in view of letter dated 25th April, 2006. 2. An affidavit in reply has been filed by one Assistant Marketing Officer, CIDCO, stating therein that plot allotted to the petitioner is vacant and there is no encroachment over the said plot. The photographs are also annexed along with the said affidavit marking the portion which is allotted to the petitioner. Learned counsel for the respondent No. 1 on instructions of respondent makes a statement that if the petitioner so desires he can take the possession of said plot and it will be handed over to the petitioner. In that view of the matter, nothing survives in the petition. The petition is disposed of as such. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/August 09