B.H. MARLAPALLE, J.:---This writ petition, filed in the public interest, has assailed the resolutions passed by the Nanded Municipal Council allotting plots of land to respondent No. 3 Pragati Mahila Mandal, respondent No. 4 Sai Sevabhavi Trust, shops granted on lease in the buildings constructed by the Municipal Council to respondent No. 4---Sai Sevabhavi Trust, respondent No. 5---Karmaveer Sahebrao Baradkar Pratishthan respondent No. 6 Daily Lokprerana, respondent No. 7---New Jaibharat Shikshan Prasarak Mandal, and respondent No. 13 Dattatray Pandurang Savant. The Municipal Council had also passed a resolution for grant of donation of an amount of Rs. 1,00,000/- to the respondent No. 4 which is also sought to be challenged in this petition.

2. The petitioner, who was journalist at the relevant time, had also impleaded Shri Shankarrao Bhaurao Chavan, in his capacity as the then Chief Minister of Maharashtra (respondent No. 17), Shri Ashok Shankarrao Chavan, the then sitting member of Parliament and son of Shri Shankarrao Chavan (respondent No. 18) as well as Narendra Jasvantlal Barara (respondent No. 2), who was President of the Nanded Municipal Council, at the relevant time, in support of his contentions that all these allotments of lands/premises were made under the political influence and directions from the office of the Chief Minister. It is specifically alleged that the impugned decisions of the Municipal Council were influenced not only by political pressure but also by the actions/steps initiated from the Chief Minister's office and more particularly through the Personal Assistant Shri S.S. Raste.

3. Before the petition was admitted, by an order dated 12-8-1988 this Court had directed to delete the name of Shri Shankarrao Chavan from the array of respondents and the petition came to be admitted on 7-10-1988, while the prayer for interim relief, was refused.

4. During the pendency of this writ petition, the petitioner died and it was brought to the notice of this Court by the learned Counsel for the petitioner, during the course of hearing on 16-1-2001 and nobody had come forward to agitate the cause of public interest as set out in the writ petition. However, this Court thought it appropriate to hear the parties to find out whether there is any substance in the petition and therefore, instead of dismissing the petition as infructuous, Shri Bora, learned Counsel appearing for the petitioner was appointed as amicus curiae to assist the Court so as to understand the facts of the case and to find out if any decision is required to be given in the issues raised in the petition. It is in these circumstances, the petition remained pending for final decision.

5. The respondents Nos. 1 to 4, 6 to 9, 10 to 14 and 18 have appeared and filed respective affidavits and opposed the petition. The factual matrix could be stated as under:---

The respondent No. 3 claims to be a charitable trust, registered under the Bombay Public Trusts Act, 1950 and when the petition was filed Smt. Kusumtai w/o Shankarrao Chavan was the President of the said trust. It made an application to the Municipal Council on 14-10-1983 which was signed by one Dr. Mrs. Chitra Patil, requesting for allotment of plot out of the land belonging to the Municipal Council to start the educational activity, especially for girls school. In the year 1984, administrator was holding charge of the Municipal Council and a Resolution came to be passed on 20-10-1984 for allotment of plot admeasuring 75' x 350' from Survey No. 42 of village Asadullabad (Maganpura)---the area within the municipal limits of Nanded town, on 60 year's lease. It was further resolved in the said resolution that nominal rental compensation amount shall be fixed on the basis of the rate to be worked out by the Assistant Town Planner, Nanded, and on compliance of the provisions of section 92 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for the sake of