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Bombay High CourtWP/3424/2021allowed to be withdrawn at admission stage

Sudarshan Tukaram Salgar v. District Collector Solapur And ORS

2021-09-03Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

10-WP-3424-2021.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3424 OF 2021 Sudharshan Tukaram Salgar ] Petitioner Vs.

District Collector Solapur (Ceiling) ] Collector Compound Solapur and others ] Respondents .....

Mr. Ashok B. Tajane, for Petitioner.

Mr. R.P. Kadam, A.G.P, for Respondents-State. ....

CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 3rd September, 2021 P.C.

1.

Heard learned Counsel for the parties.

2.

By this petition under Article 226 of the Constitution of India, the petitioner is seeking direction against respondent No.1 to decide application of the petitioner dated 3rd February, 2021 on it's own merits.

3.

Learned Counsel for the petitioner submits that the petitioner is a social worker. He submits that the family of Chandrakant Ramchandra Deshmukh violated the provisions of the Maharashtra Agricultural Lands (Ceilings and Holdings) Act, 1961 SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2021.09.09 11:19:45 +0530

10-WP-3424-2021.doc at the time of filing their returns in respect of land bearing Gat No.19, 25, 44, 130/B, 130/A/1 and 130A/2 situate at Kamati (Budruk), Taluka Mohol, District Solapur.

4.

This Court declined to entertain the present writ petition on the ground that the petitioner failed to join Chandrakant Ramchandra Deshmukh as party respondent. Learned Counsel for the petitioner failed to disclose petitioner' s locus and failed to make a statement whether the petitioner has interest in the said land. At that time, learned Counsel for the petitioner submits that the petitioner may be permitted to withdraw the present writ petition with liberty to file a fresh petition for the same cause of action. To that effect, he has given in writing. The same is taken on record and marked 'X'

for identification.

5.

In view of these facts, following order is passed; : O R D E R :

(a) Writ Petition stands disposed of as withdrawn with liberty as prayed for;

(b) No order as to costs.

[PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.]