IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 7188 OF 2008 WRIT PETITION NO. 7188 OF 2008 WRIT PETITION NO. 7188 OF 2008 Anand Dattaram Matkar ] .. Petitioner Versus State of Maharashtra ] .. Respondent Mr. Shriram Redji for the petitioner. Mr. S.R. Nargolkar, AGP, for the respondent-State. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 4TH FEBRUARY, 2009 P.C. : 1. Heard. 2. The name of the petitioner appears on the Waiting List as eligible for allotment of accommodation in the discretionary quota. The said accommodation is to be given as per the discretion of the Chief Minister and, therefore, the Government is not under an obligation to follow the Waiting List serially as is desired by the petitioner. 3. What we find is that basically there is no right created in favour of the petitioner to get an : 2 : accommodation since allotment is by way of discretionary quota of the Chief Minister. In order to issue a Writ of Mandamus, the petitioner must have a legal or statutory right which we do not find in the present Petition. 4. However, our above observations shall not preclude the petitioner from approaching the Government for allotment and inspite of the rejection of the Petition, the Government may consider the case of the petitioner for allotment of accommodation under the discretionary quota. 5. Apart from what we have observed above, we do not wish to entertain the Writ Petition and it is, accordingly rejected. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]