{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2068 OF 2009 Pradip Rajarampant Bavaskar R/o Plot No.68, N-4/G CIDCO Aurangabad At present Kothrud, Pune PETITIONER VERSUS City & Industrial Development Corporation of Maharashtra Ltd., Through its Administrator Udyog Bhavan, New Aurangabad RESPONDENT ....... Mr.A.A.More h/f Mr.A.P.Bhandare, Advocate for petitioner Mr.A.S.Bajaj, Advocate for respondent. ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 2nd September 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. The petitioner, by this petition under Article 226 of the Constitution of India, prays for issuance of a writ of mandamus directing respondent CIDCO to grant permission to transfer the lease hold rights / {2} interest in plot No.68, Sector N-4/G, CIDCO, New Aurangabad. 3. Learned counsel for the petitioner states that pursuant to an order passed in Civil Application No.7360/2002, this Court had directed the CIDCO not to grant permission for transfer of the plots wherein either no construction was carried out or there was partial construction. It further appears that thereafter the petitioner had filed a writ petition in this Court seeking permission of this Court to develop the said plot. Accordingly, the petitioner carried out construction and the occupancy certificate has also been issued to him. The petitioner, therefore, prays that the respondent CIDCO be directed to permit the petitioner to transfer the lease hold rights in the aforesaid plot. Learned counsel for respondent states that there is no legal impediment in granting permission to the petitioner for transfer of lease hold / interest in the said plot. In the light of that statement as we found that there is no other impediment for such transfer, we direct the respondent CIDCO to grant permission in accordance with law on such terms and conditions as are applicable in law, to the petitioner to transfer the lease hold / interest in the aforesaid plot. 4. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp2068-09