1 rp12-08 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.12 OF 2008 IN PUBLIC INTEREST LITIGATION NO.151 OF 2006 M/s.Symboisis Society, through its Registrar, Head H.R. & Administration Shri Jagannath Raghunath Pathare ..Petitioner. Versus Suryamukhi Navagraha Shiv Pratishthan & Others ..Respondents. Mr.S.G. Deshmukh for the petitioner. Mr.Jaydeep Deo for respondent No.1. Mr.A.P. Kulkarni for respondent No.5. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. DATE : 17th January, 2011. P.C. : 1. Heard. Admit. The Review Petition is taken up for final hearing by consent of the parties. 2. This review is filed by the original respondent No.3 seeking review of the order dated 10-1-2008 passed in Public Interest Litigation No. 151 of 2006. 3. PIL No.15 of 2006 was filed to challenge the decision of the Pune 2 rp12-08 Municipal Corporation in allotting the plot in question to the original respondent No.3 without inviting tenders. By order dated 10-01-2008, PIL No.151 of 2006 was disposed off as not pressed in view of the statement made by the Pune Municipal Corporation at para-7 of its affidavit and the statement on behalf of respondent No.3, that they would not raise any construction on the plot in question. 4. The contention of the review petitioner is that neither the Corporation in its affidavit has specifically stated that no construction is possible on the plot in question nor it was stated on behalf of respondent No. 3 that they would not raise any construction. 5. Perusal of the affidavit in reply filed by the Pune Municipal Corporation particularly para-7 thereof shows that what is stated therein is that the Pune Municipal Corporation would ensure that the original respondent No.3 retains the plot as playground and that the original respondent No.3 does not make any changes without first obtaining the written permission of the Corporation. Since the statement recorded in the order dated 10-1-2008 and the averments made in the affidavit appear to be conflicting, we deem it proper to recall the order dated 10-1-2008 and restore the Public Interest Litigation No.151 of 2006 for being heard on merits. 3 rp12-08 6. Accordingly, the Review Petition is allowed by recalling the order dated 10-1-2008 and restoring the PIL No.151 of 2006 to the file. Liberty to the original petitioner to move the regular Court for placing the PIL No.151 of 2006 for admission on any day convenient to the Court. 7. The Review Petition is disposed off accordingly. No costs. (Mrs.Mridula Bhatkar, J.) (J.P. Devadhar, J.)