1 mss OSWP+714 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 714 OF 2010 NANDA DEVRAM GAVARE .. .. PETITIONER Vs. BRIHAN MUMBAI MUNICIPAL CORPORATION & ORS. .. .. RESPONDENTS Mr. P. B. Kakade for the petitioner Ms. Shobha Ajithkumar for MMC CORAM: SMT. RANJANA DESAI & R. V. MORE, JJ. DATED : 20/9/2010 P.C. The petitioner is working as a sweeper in the Mumbai Municipal Corporation. She has prayed that a direction be given to the 1st respondent to provide her accommodation in Mumbai. Her case is that her husband was working in the 1st respondent Corporation. He has retired. Official tenement was given to him while he was in the service of respondent 1. The prayer of the petitioner is that since her husband has retired the tenement may be transferred to her name because she is also working in the Corporation. 2 mss OSWP+714 2. On the last occasion, we had directed the counsel for the Corporation to take instructions. Affidavit is filed on behalf of the Corporation by Shri M.S. Vibhute, Assistant Engineer of the Corporation. In paragraph 4(c) it is stated that the petitioner’s husband had availed of the facility of housing loan from the Corporation for purchasing a house at Sahyadri Nagar No. 3, Chawl No. 3, Room No. 3, behind Birla College, Kalyan. We are informed that after availing of the loan facility the petitioner’s husband has purchased the house at Kalyan. In paragraph (d) of the said affidavit it is stated that the petitioner’s husband had given an undertaking that he will vacate the premises/staff quarters within three months of his retirement. The said undertaking is not complied with. The affidavit makes it clear that the petitioner is residing in a house owned by her husband. She is also trying to retain other accommodation which she and her husband are required to vacate. This cannot be allowed. 3. In the circumstances of the case, since the petitioner’s husband has purchased a house in Kalyan, the request made by the petitioner cannot be granted. Petition is dismissed. (SMT. RANJANA DESAI, J.) (R. V. MORE, J.)