1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 515/2008 (Noble Vividh Swayam Rojgar Nagrik Sewa Sahakari Sanstha, thro. its President VERSUS State of Maharashtra, thro. its Secretary & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. A.M. Parchure, counsel for the petitioner. Mrs. I.L. Bodade, Assistant Government Pleader for the R-1, 3 & 4. Mr. Quazi, counsel for the R-2. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : MARCH 28, 2008. Heard. Mr. Parchure, the learned counsel for the petitioner, states that in the present writ petition the petitioner is seeking direction to the respondent no.2 Chief Executive Officer, Municipal Council, Kamptee to take action according to law against the encroachers who have encroached upon the land belonging to Municipal Council, Kamptee particularly in regard to the area allotted to Friday Market. The respondent no.2 has filed an affidavit dated 27.03.2008, wherein it is specifically stated that the Municipal Council has already issued notices on 19.03.2008 to all such persons, who have encroached upon the land, to remove such encroachment within fifteen days. 2 In view of the above referred statement made by the respondent no.2, so far as the prayer made in prayer clause no.1 is concerned, in our view, it does not survive. So far as the other prayer clauses are concerned, we keep the issues open. However, in the backdrop of the above referred facts, we do not propose to keep the writ petition pending since the basic cause of action involved in the petition does not survive. Hence, the writ petition is disposed of accordingly. JUDGE JUDGE APTE