1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1649 OF 2008 Azmi Charitable Trust & Ors. .... Petitioners V/s. Maharashtra Housing & Area Development Authority & Ors. ..... Respondents Mr.V.R.Tripathi i/b V.R.Tripathi & Associates. Mr.D.A.Nalawade, Government Pleader, for the Respondents. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATED : JULY 31, 2008. P.C. 1. By filing this petition, the petitioners have prayed that appropriate directions be issued by directing the respondents to allot transit tenements on rent to various educational institutions run by the petitioners. It is prayed that such benefit may be given to the petitioners on the same terms and conditions on which other institutions have been given such benefits. 2. During the course of hearing, the learned Government Pleader on instructions from one Mr.Shelke, Estate Manager, Transit Camp of 2 Mumbai Building Repairs and Reconstruction Board, states that at the time when the Board was not functioning, the decision was taken by the Chief Officer. But now, the Board is already constituted and if the petitioners applies to the Board afresh, appropriate decision in accordance with law will be taken at the earliest. 3. In view of the aforesaid submission of the learned Government Pleader, the learned Advocate for the petitioners has submitted that the petitioners would like to withdraw this petition with a view to make appropriate application to the Board within a period of two weeks from today. Permission as prayed is granted. 4. If any application is made to the Board, the Board may take appropriate decision in accordance with law within a period of four weeks from receipt of the same from the petitioners. If required, the Board may also give personal hearing to the petitioners and whatever decision which may be taken by the Board on such application, the same may be communicated to the petitioners without delay. 5. In view of the same, the decision of the Chief Officer which is dated 11-02-2008 is set aside and the Board is directed to take afresh decision in accordance with law within the stipulated time as indicated in this order. 3 6. It is clarified that in case if the ultimate decision of the Board is against the petitioners, it will be open to the petitioners to challenge the same in accordance with law. Subject to what is stated hereinabove, the petition accordingly stands disposed of as withdrawn. Notice discharged. ( A.A.SAYED, J. ) ( P.B.MAJMUDAR, J. )