1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8341 OF 2009 Mr. Ramkishore Todi & Anr. ... Petitioners Vs. The State of Maharashtra & Ors. ... Respondents Shri A.M.Saraogi, Advocate, for the petitioners. Shri P.I.Khemani, Advocate for respondent Nos. 1 & 6. Mrs. G.P.Mulekar, Advocate, for respondent No.2. Shri Yadumath Chaudhary, Advocate for respndent No.3. Shri P.G.Lad, Advocate for respondent No.4. Shri Vinod Mahadik, Advocate for Respondent No.5 BMC. CORAM: J.H.BHATIA & MRS. MRIDULA BHATKAR,JJ. DATE : 22nd October, 2009. P.C. 1. Leave to amend and convert this Appellate Side Writ Petition to Original Side Writ Petition. Amendment be effected within one week. 2. The learned Counsel for the petitioners points out that on 20.10.2009, a notice has been issued to the petitioners by MHADA to vacate the premises on 21.10.2009. It appears that out of 62 members of the Society, 55 members have already vacated and the learned Counsel appearing for those members states that three more members are likely to vacate any moment. The 2 petition is filed only by two members to whom the notice has been issued. 3. The learned Counsel for respondent No.3 makes a statement that transit accommodation is ready in the same locality and it is of same size which is provided to other members. He also states that the area of the transit accommodation is not less than the area in occupation of the petitioners at present. Therefore, there should not be any difficulty to the petitioners to vacate the present premises and shift to the transit accommodation. The learned Counsel also offers free transport facility to the petitioners. He also makes a statement that the respondent No.3 shall hand over the keys of the transit accommodation to the petitioners today. 4. The learned Counsel for the Respondent No.4 – MHADA makes a statement that if the petitioners shift voluntarily, they would not forcibly evict them as per the said notice dated 20.10.2009 till 25.10.2009. The statements are accepted. 5. In view of the statements made by the learned Counsel for respondents Nos. 3 and 4, we do not see any reason to grant any stay in favour of the petitioners. 3 6. The matter be listed after the vacation before the appropriate Court. 7. Copy of this Order duly authenticated by the Associate of this Court be given to the parties. (MRS.MRIDULA BHATKAR,J.) (J.H.BHATIA,J.)