1.WP.2530.2023.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2530 OF 2023 Pratap S.Madkar and others Petitioners versus Maharashtra Housing Development Authority through its President and others Respondents _______ Mr.Abhijeet A.Desai, Ms.Mohini Rehpade, Vijay Singh, Digvijay Skachare, Ashlyan Almeida, Daksha Punjhera i/by Desai Legal LLP for Petitioners. Mr.P.G.Lad with Ms.Sayali Apte for Respondent nos.1 and 2. Mr.Sunil Bhadange, Executive Engineer, Worli Division, MHADA, present. Smt.P.H.Kantharia, Govt.Pleader for State Ms.Shreya Singhi with Vibhuti Keny i/by Ms.Sushma Nagaraj for Respondent no.11 _______ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 4th November 2025 P.C. 1. This petition is circulated on behalf of learned advocate for Respondent no.1 by a praecipe dated 15th October 2025 stating that the challenge in this petition which is primarily to the Government Resolution (`GR’) dated 28th January 2022 on the ground that the datum line for eligibility in redevelopment project is 1st January 2011, which amounted to a discrimination. It is pointed out on behalf of Respondent no.1 that by G.R dated 29th July 2025 the impugned G.R dated 28th January 2022 has been withdrawn and hence the petition has become infructuous. It is also pointed out that there is an ad-interim order dated 4th March Manish Thatte MANISH SURESHRAO THATTE Digitally signed by MANISH SURESHRAO THATTE Date: 2025.11.06 11:00:53 +0530 1.WP.2530.2023.DOC 2025 passed by a co-ordinate Bench which is in operation, which is causing impediments in the redevelopment. 2. In the circumstances we are of the opinion that if the Petitioners still feel aggrieved and/or by the subsequent G.R dated 29th July 2025, it is open to the Petitioners to assail such G.R or pursue any other appropriate remedy as available to the Petitioners. However, certainly the prayers in regard to the challenge to the G.R dated 28th January 2022 as made in the Writ Petition have become infructuous. We are accordingly inclined to dispose of this petition as infructuous, however, with liberty to the Petitioners to raise all contentions in fresh proceeding as may be permissible in law including to challenge the G.R dated 29th July 2025. Ordered accordingly. All contentions of the parties in that regard are expressly kept open. 3. At this stage Mr.Desai submits that ad-interim order dated 4th March 2025 needs to be continued for some time so that the Petitioners can take appropriate decision and/or file appropriate proceedings. We accept the request as made. The ad-interim relief dated 4th March 2025 shall continue to remain in operation for a period of four weeks from today to enable the Petitioners to take recourse to appropriate proceeding. The continuation of such ad-interim relief is not an expression on merits of the petition and it is open to the parties to raise all contentions in any future proceedings. 4. Disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Manish Thatte