1 wp800.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.800 OF 2010 Sukhibai Ganeshmal Vora/Shroff alias ) Sakhubai Ganeshmal Vora, through its ) POA Nensee Constructions Pvt.Ltd., ) through its director Ajay R. Nensee )....Petitioner Versus The State of Maharashtra & Ors. )....Respondents ---- Mr.V.V.Kanade i/by M.S.Dehlvi for the petitioner. Mr.G.W.Mattos AGP for the respondent/State. Ms.V.S.Gharpure for the MCGM. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR,JJ DATE : 1st December 2011. PC 1 Learned Counsel for the petitioner states that this petition is filed against the order dated 4.3.2010 passed by the Principal Secretary, GAD Department, by which, the Principal Secretary has 2 wp800.10.sxw set aside the order passed by the Controller of Accommodation dated 24.9.2009. It is pointed out that by virtue of the remand order, the Controller for Accommodation has now passed a fresh order dated 11.6.2010. That order is also in favour of the petitioner. It is submitted that the petitioner had appeared before the Controller and argued his case on merits. He submits that since subsequent order is passed by the Controller of Accommodation which is in favour of the petitioner, this petition has become infructuous. He submits that in view of the said aspect, the petitioner may be permitted to withdraw this petition with liberty to take all available points in the subsequent Writ petition bearing Writ Petition No.2354 of 2011 which has been filed by the petitioner. Considering the submissions on the part of the petitioner, this petition is disposed of as withdrawn with liberty to the petitioner to take out points which are already taken in this writ petition by taking out appropriate amendment in the subsequent petition which has been filed by the petitioner. 2 In view of what is stated above, petition is disposed of as 3 wp800.10.sxw withdrawn. However, ad-interim relief granted in this petition, be continued for a period of three weeks from today to enable the petitioner to take out the appropriate amendment and for praying appropriate interim relief in the 2nd petition i.e Writ petition No. 2354 of 2011. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J)