1 Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2607 OF 2009 Sudhakar Sakharam Kamble )..PETITIONER Versus The Chief Executive Oficer, MHADA & Ors. )...RESPONDENTS Ms. Rohini Wagh i/b. Uday P. Warunjikar for the petitioner. Mr. D.D. Madon, Senior Advocate i/b. Mr. A.A. Rao, for respondent No.5. Mrs. Shobha Ajit Kumar for B.M.C. CORAM : F.I. REBELLO & R.V.MORE, JJ. DATE : 21ST JUNE, 2010 P.C. Application for adjournment sought for by the petitioner is rejected. The respondents have filed reply of Aliasgar M. Lokhandwala, Director of Respondent No.5. It is set out that out of original 55 tenants, 53 tenants have already occupied their premises. The petitioner has refused to occupy the premises and continues to reside in the transit accommodation. In para.7 it is set out that the respondent NO.5 has constructed flat of 225 sq.ft. to which the petitioner is legally entitled on the 6th floor being Flat No.602. The said premises are in the Seven storied Tower. It is further submitted that as the name of the father of the petitioner was in the Schedule and his mother is living they have no difficulty to hand over the said premises to the petitioner and his mother on they giving a discharge. The statement made on behalf 2 of respondent No.5 accepted. 2. It will be open to the petitioner within 30 days from today to comply with the requirement and to take possession of the permanent accommodation failing which it will be open to the respondents to take such steps which they are entitled to. 3. If there are any other grievance of the petitioner it will be open to the petitioner to file appropriate proceedings for the same. With the above observation, petition disposed off. ( R.V.MORE, J.) (F. I. REBELLO, J.)