(1.) This public interest litigation was filed through Shri Ram Pravesh Nath Tiwari as a counsel for the petitioner. During the pendency of this PIL, an application has been filed by the petitioner being I.A. No. 7008 of 2018 through a different counsel stating therein that in view of the action taken he does not propose to press this writ petition any further.
(2.) A supplementary counter affidavit has been filed on behalf of the District Minority Welfare Officer bringing on record the report of the committee constituted under the Chairmanship of Additional Collector, Aurangabad to report on the allegations of unlawful constructions having been raised while setting up a commercial complex on the property of the Wakf. In this supplementary counter affidavit filed today it has been asserted that set back areas have been violated and shops in excess of the sanctioned map appear to have been constructed.
(3.) In this regard, what is relevant is the affidavit of the Respondent No. 7 and the report submitted by its officials. The notice which was given by the Junior Engineer informing the Executive Officer of Nagar Parishad, Aurangabad on 29 th July, 2017 is on record as Annexure 4 to the writ petition which indicates that on inspection it was found that the constructions were being raised in violation of the sanctioned map. A counter affidavit which has been filed on behalf of the contesting Private Respondent Nos. 9 and 10 contains another report of three officials of the Nagar Parishad, Aurangabad, dated 21 st August, 2017 indicating the rectifications that were being carried out and if they are permitted, the deviations would stand removed. This is Annexure R-9/5 to the said counter affidavit.