15. wp 5055-11 with 4.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5055 OF 2011 M/s. Outdoor Elements .. Petitioner Vs State of Maharashtra & Ors .. Respondents WITH WRIT PETITION NO. 2690 OF 2011 WITH CIVIL APPLICATION NO. 1728 OF 2011 WITH CIVIL APPLICATION NO. 1149 OF 2011 M/s. Nikita Associates & Anr. .. Petitioners Vs The State of Maharashtra & Ors .. Respondents WITH WRIT PETITION NO. 2691 OF 2011 WITH CIVIL APPLICATION NO. 1054 OF 2011 Shweta Nilesh Gole .. Petitioner Vs State of Maharashtra & Anr .. Respondents WITH WRIT PETITION NO. 4228 OF 2011 Pune Association of Small Hoarding Adv. .. Petitioner Vs 1 15. wp 5055-11 with 4.doc Pune Municipal Corporation & Ors .. Respondents WITH WRIT PETITION NO. 4869 OF 2011 Dr. Ravindra Shivram Lohokare & Ors .. Petitioners Vs The State of Maharashtra & Ors .. Respondents WITH WRIT PETITION NO. 3936 OF 2011 Shweta Nilesh Gole .. Petitioner Vs State of Maharashtra & Ors .. Respondents Mr. Y.S. Jahagirdar, Sr. Counsel with Ms. Rajlakshmi Mohandas i/b ALMT Legal for the Petitioner in WP 5055/11 Mr. Parag V. Dube for the Petitioners in WP 2690/11, 2691/11 and CA 1728/11 None present for Intervener in CA 1149/11 & CA 1054/11 None for the Petitioner in WP 3936/11 Mr. P.B. Shah for the Petitioner in WP 4228/11 Mr. Y.S. Jahagirdas, Sr. Counsel i/b Mr. S.S. Kanetekar for the Petitioner in WP 4869/11 Mr. N.P. Deshpande, AGP for Respondent No. 1 in all matters except WP 4228/11 Mr. Abhijit P. Kulkarni for Respondent Nos. 2 to 4 in WP 5055/11 & 4869/11, for Respondent No. 2 & 3 in WP 2690/11, for Respondent No. 2 in WP 2691/11 and for Respondent Nos. 1 and 2 in WP 4228/11 Mr. R.M. Pethe for Respondent No. 2 in WP 3936/11 2 15. wp 5055-11 with 4.doc CORAM : D. D. SINHA & SMT. V.K. TAHILRAMANI, JJ DATE : 21st SEPTEMBER, 2011. P.C.: 1. Heard the learned counsel for the respective parties. 2. Considered the contentions canvassed by the respective counsel and perused the additional affidavit dated 24th August 2011 filed on behalf of respondent no. 2. In paragraph 2 of the additional affidavit, following statement is made which reads thus: "I further say that, in view of earlier statement made before this Hon'ble Court as well as suspension of G.B. Resolution No. 479 dated 18.2.2011, the P.M.C. will not take any final decision not will proceed further for implementation and said Resolution No. 479 dated 18.2.2011 and keep the entire process in abeyance. However, the same will be subject to outcome of final sanction of State Government that may be granted after publication in Official Gazette under Section 454 and 455 of B.P.M.C. Act, 1949. I further state that, the process kept in abeyance may review only after sanction of State of Maharashtra after following due process of law and also after removal of defect, if any, according to State of Maharashtra." 3. In view of the above referred statement made in the additional affidavit, we do not propose to keep the Writ Petitions pending 3 15. wp 5055-11 with 4.doc at this stage. The same are disposed of accordingly. 4. At this stage, the learned senior counsel for the petitioner has prayed that issues raised in the petitions may kindly be kept open. In the circumstances, issues raise in the petitions are kept open. 5. In view of disposal of the Writ Petitions, the Civil Applications does not survive and the same are disposed of. [ SMT. V.K. TAHILRAMANI, J ] [ D. D. SINHA, J ] 4 15. wp 5055-11 with 4.doc 5