1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.2688/2007 (Sudhakar Bhagwan Mulje and Anr. Vs. The State of Mah. and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : S.B.DESHMUKH & K.U.CHANDIWAL ,JJ. DATE : 13 th September, 2010. ... 1) Heard the learned Counsel for the respective parties. 2) There are three petitions tagged in this group of petitions. We are passing order in WP No.2688/2007. 3) Advocate Mr.DS Mali, instructed by Mr.SB Talekar, who appears for petitioners, points out the prayers made in this writ petition. 4) This petition takes exception to the Government Resolution dated 2nd January, 2007 issued by Finance Adviser and Joint Secretary, Earthquake Rehabilitation Desk, Revenue & Forest Department, Mantralaya, Mumbai-32 (Annexure-"K" to the petition). 5) This petition appears to have been filed on 26th April, 2007. This Court had issued notice on 4th May, 2007. 2 6) Learned AGP Mr.Kadam points out Exhibit- B, page 29, a Govt. Resolution dated 17th April, 2007, in WP No.8664/2009, which is tagged with the present petition No. 2688/2007. According to learned AGP, this Government Resolution has been re- issued on 17th April, 2007. In para 2 of the said Government Resolution, it has been specifically mentioned that the Government Resolution bearing No.EQR 1094/P.K.768/ERD-1 dated 9 th August, 1995 is maintained and Government Resolution bearing No.EQR 2006/P.K.104/ERD dated 2 nd January, 2007 has been cancelled. This is relevant and important for the purpose of deciding the present writ petition. In view of this, the challenge made in the present writ petition does not survive. 7) Mr.Mali, learned Counsel for petitioner, further points out page 24 (Annexure-J), which is Govt. Resolution dated 9th August, 1995. We have already noticed that this Government Resolution has been maintained by the State Government and Government Resolution dated 2nd January, 2007, challenged in the present writ petition, has been cancelled. Thus, all in all, the Government Resolution, which has been withdrawn and cancelled by the State Government, is the subject matter of challenge in the present writ 3 petition, which is pending before this Court from 26th April, 2007. 8) In this view of the matter, we do not see any propriety in keeping this petition pending. The Writ Petition therefore, stands dismissed in view of the impugned Government Resolution having cancelled. No costs. (K.U.CHANDIWAL) (S.B.DESHMUKH) JUDGE JUDGE bdv/