1. The petitioner has taken out present petition seeking below mentioned relief/s:-
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(a) To issue a writ of mandamus or writ order or direction in the nature of mandamus for quashing and setting aside the orders passed by the respondent Corporation at Annexure-C dated 13.12.2010 and direct the respondent to consider his application in OTP category.
(b) To issue a writ of mandamus or writ order or direction in the nature of mandamus directing the respondent to reserve the 15% OTP category land in Kathwada Industrial Estate for the OTP category during the pendency of the admission hearing and final disposal of the present petition.
(c) To issue the writ of mandamus or order in nature of mandamus directing the respondent corporation to consider the application in OTP category as per the present policy of the corporation on its own merits.
(d) To issue the writ of mandamus or order in the nature of mandamus directing the respondent corporation to maintain the same status of the plots of Kathwada Industrial Estate during the pendency of the admission and final disposal of the present petition.
(e)....
(f)..."
2. The petitioner has taken out present petition after delay of 2 years. The order which came to be passed on 13.12.2010 refusing to accept the petitioner's application, has been challenged in June 2012. On the said limited ground the petition does not deserve to be entertained.
3. Learned advocate for the petitioner has submitted that even as of now policy viz. policy of allotting plot / shade on "out of turn priority" basis is in force with the respondent Corporation.
In that view of the matter learned advocate for the petitioner has, at this stage requested for permission to withdraw the petition with a view to making fresh application under policy which is now in operation with the respondent Corporation.
4. The request to withdraw the petition is granted.
5. If and when the petitioner makes application for allotment of plot / shade under OTP category, if that is in operation, such application may be considered by the competent authority of the respondent corporation in accordance with applicable policy, if any, and in accordance with relevant and applicable Rules. Appropriate decision on such application may be taken as expeditiously as possible.
6. With the aforesaid clarification the petition is disposed of as withdrawn.
Suresh* (K.M.THAKER,J.) Top