1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2397 OF 2009 Mr.Gajendra Dagaji Wagh .. Petitioner Vs. The State of Maharashtra & Ors. .. Respondents Mr.V.M.Parshurami with Mr.Ashish Gaikwad for the petitioner Mr.A.A.Kumbhakoni with Mr.N.P. Pandit, A.G.P. for the respondents CORAM : J. N. Patel & C.L.Pangarkar, JJ DATE : February 26, 2010 P.C. : 1. This petition is filed seeking a direction to the respondents to consider the application of the petitioner under the category of Ex-serviceman. The respondents had issued an advertisement for allotment of flats built by the respondents. Two flats were said to be reserved for families of Defence personnel which is a category described in section 13 of the Maharashtra Housing and Area Development Act, 1976 in category 5. Since the application was filed as falling under category 5, the said application was 2 rejected on the ground that the petitioner was not a person falling under category 5 and he was falling under category 6. 2. The learned counsel for the petitioner submits that his application should have been considered in category 5 itself. The submission is not correct. The petitioner is not a person who is discharged due to some disability and therefore, is not a person falling under category 5. The respondents have rightly considered the petitioner as falling under category 6 and rightly rejected his application. Therefore, there is no substance in the petition and reason to interfere. 3. Petition is dismissed. ( J. N. Patel, J) (C.L. Pangarkar, J)