1wp-1132-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.1132/2010 M/s Surabhi Industries through its Proprietor .. Petitioner. v/s The State of Maharashtra and ors .. Respondents. Mr S.V. Pitre i/b Manoj Wadekar & Asso.for the petitioner. Mr S.R. Nargolkar i/c Govt.Pleader for Respondent No.1. Mr P.P. Chavan i/b M/s Little and Co. for Respondent No.2. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 3RD MARCH,2010 P.C.:- 1. Respondent No.2 has filed affidavit of Shri Ashok M. Bhosale, Area Manager. In paragraph no.5 of the affidavit following statements have been made. I say that the contention of petitioner that the plot adjacent to Plot No.147 has been 2wp-1132-10 allotted to Surya Furnitech Pvt. Ltd is not true. The plot adjacent to Plot No.147 is presently falling under an amenity area and as such could not be allotted to the Petitioner for industrial use. I further say that the adjacent plot has not been allotted to any third party and is still lying vacant. Surya Furnitech Pvt. Ltd.,has been allotted another plot bearing No.W-88 which is nowhere near the plot No.147. 2. It is, thus, clear that plot adjacent to plot No. 147 has not been allotted to anybody and that, presently, it cannot be allotted to anybody because it is under amenity area. As the petitioner s application is for allotment of that area, obviously, it cannot be considered by the Corporation. No orders can be passed in favour of the petitioner. Petition is hereby rejected. (JUSTICE D.K. DESHMUKH,) (JUSTICE A.R.JOSHI,)