-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 735 OF 2008 The Torna Co-op. Housing Society ...Petitioner versus The State of Maharashtra and others ... Respondents Mr. Sanjeev Sawant for the petitioner. Mr. Pradeep Jadhav, AGP, for respondent No.1. Mr. A.Y. Sakhare, Senior Advocate, with Ms. Archana Joshi, for respondent os. 2, 3, 5 and 6. Mr. S.R. Singh for respondent No.4. CORAM: P.B. MAJMUDAR & A.A. SAYED, JJ. DATE: SEPTEMBER 15, 2008. P.C. By filing this petition, the petitioner has prayed that appropriate writ, order or direction may be issued to respondent Nos. 2 and 3 to hand over the actual and physical possession of the land being Survey No. 45 (part), 8 (part) and 6 (part) admeasuring about 1850 sq.mts. of village Borla, Chembur to the petitioner-society and further respondent Nos. 2, 3 and 4 may be directed to cancel/revoke the permissions granted to respondent No.4 in connection with the construction made on the land bearing CTS No. 336 of the said village Borla, Chembur. 2. This petition has been opposed by the respondents. The -2- Corporation has filed an affidavit in reply. Considering the same, learned counsel for the petitioner submitted that at least 481 sq.mtrs. of land which is not subjected to development as on today and which is reserved for public housing can be allotted to the petitioner-society. Mr. Sakhare, learned counsel appearing for the Corporation, submits that the said land is reserved for public housing. It is submitted by the learned counsel for the petitioner that the petitioner is willing to make a representation to the Joint Municipal Commissioner (Improvements) with a request that the said piece of land i.e. 481 sq. mtrs. be allotted to the petitioner-society as it is required for housing purpose for the members of the society and in pursuance of the resolution passed earlier in this behalf. Without expressing any opinion on this aspect of the matter, we permit the petitioner to make a representation to the Joint Municipal Commissioner (Improvements) within a period of one month from today, and such representation may be considered in accordance with law in connection with the request of the petitioner and allot them 481 sq.mtrs. of land. While taking such decision, the relevant policy/guidelines/resolutions in this behalf may also be taken into consideration. It is needless to state that before taking any decision, personal hearing may be afforded to the petitioner and the decision so arrived at may be communicated to the petitioner. Such decision may be taken within a period of three months from the date of receipt of the representation from the petitioner. Since no other point is pressed today at the time of hearing except the prayer for making representation on the aforesaid basis, learned counsel for the petitioner -3- seeks to withdraw the petition with liberty as prayed for. Learned counsel for the petitioner further submits that the petitioner has not made any grievance against respondent No.4. It is clarified that we have not expressed any opinion on the merits of the matter. The petition is accordingly disposed of as withdrawn with liberty as prayed for. P. B. MAJMUDAR, J. A.A. SAYED, J.