1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.2731 OF 2009 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Kishor S. Patil for the petitioner. Mr.R.M.Patne, AGP for respondents 1 to 5. Mr.R.S.Apte with Mr.N.R.Bubne for Nizampura Municipal Corporation. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 24.03.2009 : 24.03.2009 : 24.03.2009 P.C. This Court has granted ad-interim relief by observing that no coercive steps be taken and the matter wad adjourned for reply of respondents. Respondent no.2 through its affidavit in reply dated 13.03.2009 pointed out the order dated 12.2.2009 passed by the Division Bench in Public Interest Litigation (PIL) No.15/2009, which is reproduced as under: "We have heard the learned Counsel appearing for the parties. It has been stated in the reply affidavit on behalf of the Corporation that there is encroachment and unauthorized construction raised but the area 2 fails outside the Corporation limits and vide letter dated 31st July 2008, Collector of Thane has already been asked to take action in accordance with law. 2. We direct the Collector of Thane to take action expeditiously and in any case not later than four weeks from today. The Government shall provide all help need to achieve the purpose. 3. Writ petition disposed of in the above terms. No order as to costs." Taking all this into consideration, the interim order already granted stands vacated forthwith. There is no question of passing any interim order, once in a PIL, the Division Bench has passed a general order directing the Collector to take appropriate action pursuance to the letters referred above. The learned counsel for the petitioner seeks to withdraw the writ petition. The writ petition is allowed to be withdrawn. (ANOOP (ANOOP (ANOOP V. MOHTA,J.) V. MOHTA,J.) V. MOHTA,J.)