FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3984 OF 2008 WITH CIVIL APPLICATION NO.9730 OF 2008 AND CIVIL APPLICATION NO.504 OF 2010. ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the parties. This petition has been filed as public interest litigation. 2 Although, the challenge in this petition is to several constructions, during the course of arguments, the Counsel for the petitioners has limited the challenge to the structure put up by respondent No.6 on open space of the Municipal Corporation, Aurangabad. Allegations regarding this fact however, have been specifically denied by the Corporation in the affidavit dated 29th August, 2008 by the Deputy Engineer of the Corporation in clause (4) of the affidavit. No material has been produced before us to indicate that the statement so made by the corporation is incorrect or misleading. It is for the petitioner to not only plead but also prove the fact which is alleged by the petitioner. As no evidence is forthcoming as to what is the illegal construction put up by the respondent No.6 or the fact that the structure has been put up by respondent No.6 is on the open space of the Corporation, we cannot examine the matter any further. 3 The petition is dismissed with liberty to the petitioner as well as respondent No.6 to pursue their interse dispute, if any, which will be decided in accordance with law. Civil Applications also stand disposed of. We make it clear that dismissal of this petition is not an expression of opinion either way on the fact whether the structure put up by respondent no.6 is, in fact, on the open space of the Corporation, as we are informed, is already an issue in Civil Suit No. 94 of 2002, which will have to be decided on its own merits. In so far as the amount deposited by the petitioners in this Court is concerned, as we have found that the grievance made by the petitioners before this Court is baseless and devoid of merits, the entire amount deposited by the petitioners ought to be forfeited. However, by way of indulgence and for the ground stated across the Bar by the Counsel for the petitioners, we permit the petitioners to withdraw the sum of Rs. 10,000/- out of total amount of Rs.25,000/- and the balance amount of Rs.15,000/- shall be credited to the account of High Court Legal Services Authority, Aurangabad. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 18.01.2010. PLK/*