Devbhakti Chsl Through His Chairman/Secretary v. The Learned Tahasildar, Thane And ORS.

1 10.2199.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2199 OF 2019 Devbhakti CHSL through his Chairman/ .....Petitioner Secretary V/s.

The Learned Tahasildar, Thane .....Respondents and others Mr. Sandesh D. Patil a/w Kiran B. Bhagat i/b Prithviraj S. Gole for the Petitioner Mr. R. P. Kadam AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 16, 2019.

P.C.

The learned counsel for the petitioner made a motion on instructions to withdraw the petition.

Petition stands dismissed as withdrawn with liberty to prefer an Appeal under Section 347 of the Maharashtra Land Revenue Code.

2 10.2199.19 wp.doc On the point of limitation, time spent in pursuing this petition be considered.

The Appellate Authority is expected to decide the claim of the petitioner for mutation based on Deemed Conveyance. The earlier round of litigation at the behest of erstwhile land lady under the provisions of Maharashtra Restoration of Land to the Scheduled Tribes Act be taken into account.

[NITIN W. SAMBRE, J.]