IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.209 OF 2009 Ramkishore Todi and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents Ms. Seema Gupta i/by Mr. A.M. Saraogi for the petitioners. Mr. D.J. Lulia for the respondent No.2. Mr. Yadunath Chaudhari with Mr. Kunal Cheema for the respondent No.3. Mr. D.A. Nalawade, Government Pleader for the State. Ms. Geeta Jogalekar for the BMC. CORAM: SWATANTER KUMAR, C.J. & S.C. DHARMADHIKARI, J. DATE : 10TH JUNE, 2009 P.C.: Primary prayer of the petitioners in this petition under Article 226 of the Constitution of India is that the respondents should treat the building on the plot in question as uncessed building as per their records and consequently, determine the FSI which the society is entitled to utilise. 2. The learned counsel appearing for the Corporation as well as the learned Government Pleader appearing for the State submit that they will consider the various pleas raised in the present writ petition by the petitioner and the society and determine both questions whether (i) building on the plot in question is cessed/uncessed building and (ii) what FSI the society is entitled to utilise for the purposes of development. 3. In view of this statement, nothing survives in this petition at this stage before this court and the same is disposed of with the direction to the respondents to deal with the above questions and decide the same and pass appropriate orders within six weeks from today after hearing the petitioners. In the meanwhile society will not carry out any development. Further development shall be subject to the orders that may be passed by the respondents which parties are at liberty to challenge the same in accordance with law. CHIEF JUSTICE S.C. DHARMADHIKARI, J.