ast 1 wp3016.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3016 OF 2010 Akanksha Enterprises. ....Petitioner Vs. The State of Maharashtra & Ors. ....Respondents Mr.Sachin P. Shetye, advocate for petitioner. Mr.R.S.Apte i/b. N.R.Bubna, advocate for Respondent No.3. Mr.V.S.Gokhale, AGP for Respondent Nos. 1 and 2. Mr.G.W.Mattos, advocate for Respondent Nos. 4 and 5. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:- APRIL 30, 2010 P.C. 1. Learned Counsel appearing for Respondent No.3 Corporation has invited our attention to the decision of the State Government dated 8th April, 2010 as reflected in the communication issued under the signature of Section Officer of Urban Development Department addressed to the Commissioner of Respondent No.3 Corporation to the effect that the stay granted by the State Government in terms of orders dated 30th January, 2010 and 5th February, 2010 has since been vacated. According to the Petitioner in that case, the show cause notice dated 10th February, 2010 should be withdrawn as it was founded on the stay order passed by the State Government. Counsel for the Corporation on the other hand submits that the stay has been vacated on certain condition and the Petitioners will have to fulfill some of the conditions, which aspect will have be ast 2 wp3016.10.sxw considered and only thereafter, appropriate order will be passed on the show cause notice. 2. We make it clear that before any decision is made on the show cause notice, the Respondent Corporation shall offer opportunity of hearing to the Petitioners. In this view of the matter, nothing survives for consideration in these Petitions. 3. Insofar as the statement made in the context of the observations in our order dated 12th April, 2010, Counsel for the Corporation on instructions states that the stay granted by the State Government was not only in relation to the R.G. No.5, but to the entire lay out. In any case, the said stay has now been vacated by the State Government. 4. Accordingly, both the Petitions are disposed of on the above terms. 5. The Corporation shall take appropriate decision on the show cause notice as expeditiously as possible and in any case, not later than 8(eight) weeks from today. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)