FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | ---------------------------------------------------------------------------------------------------- WRIT PETITION NO.4821/2006 --------------------------- Shri J.R.Shaikh, Adv. for the petitioners. Shri P.R.Patil,Adv.for R.1. Shri K.G.Patil,A.G.P. for Respondent State .... CORAM : B.R. GAVAI & R.K.DESHPANDE, JJ. DATE : 21ST JULY, 2009. 1. Though the present petition has raised a larger issue regarding virus of Section 53 of the Maharashtra Regional Town Planning Act, however, in view of the statement made by the learned counsel for respondent no.1 Municipal Corporation that the respondent Corporation has demolished that part of the construction which is not permissible in law and that the Corporation would not interfere with the possession of the petitioners, the learned counsel for the petitioners, does not press the larger issue 2. The petitioners claim to be the tenants of respondent nos.4 and 5. It appears that a notice was issued by the respondent no.1 Corporation to the respondents 4 and 5 for demolition of the structure claiming it to be in contravention of the Rules. 3. Since now the learned counsel for the respondent-Corporation has made statement that the construction which is contrary to Rules has already been demolished and the Corporation would not interfere with the possession of the petitioners, we find that the grievance of the petitioners, no more survives. Petition is accordingly disposed of. In so far as dispute between the petitioners and the respondents 4 and 5 is concerned, the parties would be at liberty to get it settled in accordance with law before a competent Court. Needless to state that the respondents 4 and 5 shall not evict the petitioners without following due procedure of law. (R.K.DESHPANDE, J.) ( B. R. GAVAI, J. ) *** Dt:- 21/07/2009. umg/wp4321-06