1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE PUBLIC INTEREST LITIGATION NO.67 OF 2005 Rizwan Ahmed Abdul Aziz & Ors. : Petitioners V/s. The Commissioner, Malegaon Municipal Corporation & Ors. : Respondents .... WITH CIVIL APPLICATION NO.111 OF 2009 In PUBLIC INTEREST LITIGATION NO.67 OF 2005 The Commissioner, Malegaon Municipal Corporation : Applicant (Orig.Resp. No.1) V/s. Rizwan Ahmed Abdul Aziz & Ors. : Respondents .... Mr.A.R.Shaikh for the petitioners in PIL No.67/2005 & resp. nos.1 to 3 in C.A. No.111/2009. Mr.R.B.Raghuwanshi i/b. Mr.S.M. Sabrad for respondent no.1 in PIL No. 67/2005 & applicant in C.A. No.111/2009. Mr.G.W.Mattos for respondent no.2 in PIL No.67/2005 & resp. no.4 in C.A. No.111/2009. Mr.A.H.Palekar, Asstt. Govt. Pleader for respondent nos.3 to 5 in PIL No. 67/2005 & resp. nos.5 & 6 in C.A. No.111/2009. .... 2 CORAM : J.N.PATEL, ACTING C.J. & B.R. GAVAI, J. DATE : FEBRUARY 03, 2010. P.C.: Heard. 2. Civil Application is allowed. 3. The petitioners have moved this petition in public interest as the petitioners found that the scheme launched by the State Government under the Walmiki Ambedkar Awas Yojana which was implemented in the land bearing survey no.198/2 of Malegaon, dist. Nasik, has not been properly implemented as people who are otherwise not entitled under the scheme have been allotted accommodation and the real beneficiaries have been ignored. 4. In response to the petition, the Executive Engineer, Nashik Housing and Area Development Board, who is the authority for implementing this scheme has filed an affidavit-in-reply and stated that during implementation of the scheme, only persons who are eligible and entitled for rehabilitation have been provided accommodation and there is no illegality or irregularity in the implementation of the scheme. Thereafter, an affidavit-in-rejoinder was filed disputing the claim of the 3 respondent no.2 because of which this Court directed the Commissioner, Malegaon Municipal Corporation, to conduct an in-house inquiry and file a report along with an affidavit. Accordingly, the Commissioner, Malegaon Municipal Corporation, has filed an affidavit along with a report. We have perused the affidavit as well as the report submitted by the Municipal Corporation. The report confirms that there has been no illegality or irregularity in allotment of tenements as per this scheme. 5. The petitioners have not been able to point out to the contrary by specifying as to how persons who have been allotted tenements are not eligible or entitled. Therefore, we do not find that the cause agitated in the petition survives as we are satisfied with the report submitted by the Commissioner, Malegaon Municipal Corporation, after conducting an in- house inquiry. 6. Accordingly, the PIL stands disposed of. ACTING CHIEF JUSTICE B. R. GAVAI, J.