:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION WRIT WRIT WRIT PETITION NO.350 OF 2008 PETITION NO.350 OF 2008 PETITION NO.350 OF 2008 Bombay Muslim Sports Club ..Petitioners V/s Municipal Corporation of Gr.Bombay ..Respondents Mr.Anil Singh i/b Mr. D.R. Shah for the petitioners Mr. N.A. Shaik for the respondent-BMC CORAM CORAM CORAM : BILAL NAZKI AND : BILAL NAZKI AND : BILAL NAZKI AND A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 18TH FEBRUARY, 2008 : 18TH FEBRUARY, 2008 : 18TH FEBRUARY, 2008 P.C. 1. The petitioner’s case is that on 11.8.2003 they made an application with respondents for allotment of Gymnasium and for development of the same at Mohammed Husain Playground (YMCA), Dr. Leela Melville Marg, Mumbai 400 011 and till date possession has not been handed over to the petitioners. He submits that the respondents wrote a letter on 29.1.2005 and allowed the petitioners to pay an amount of Rs. 18,362 per month and then the petitioners wrote a letter on 17.3.2006 to the respondents agreeing for the proposal. The respondents on 29.6.2005 informed Mr.Abdul Razak Kazi that the premises has been allotted to the :2: petitioners and requested to develop the same from Concillor’s fund. But in spite of it the property has not been given in possession of the petitioners. He seeks direction that the possession be given to the petitioners in terms of the agreement. A copy of the agreement is also annexed. By the letter dated 14.6.2007 the BMC informed the petitioners that Ex. M.L.A. Shri Fayaz Ahmed has taken objection for handing over the possession to the petitioners. According to some letters, the possession of the property at present is held by somebody else. Therefore, writ petition is not maintainable and is accordingly dismissed. However, the petitioners are at liberty to approach appropriate Court for redressal of their grievance. (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.) ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)