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Bombay High CourtWP/9632/2017disposed off

Shri. Dhondiram Ganpatil Varuse And ANR. v. State Of Maharashtra And ORS.

2023-01-17Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice M. M. Sathaye1 pages

Yugandhara Patil 4-WP-9632-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9632 OF 2017 Dhondiram Ganpati Varuse and Anr.

... Petitioners

Versus

The State of Maharashtra and Ors.

... Respondents ****** Mr. P.D. Dalvi for the Petitioner.

Mr. A.P. Vanarase, AGP for the Respondent Nos. 1 to 4-State. ****** CORAM: R. D. DHANUKA AND M.M.SATHAYE JJ.

DATE : 17th JANUARY 2023 P.C. :- 1.

Mr. Dalvi, learned counsel for the Petitioner, on instructions, seeks leave to withdraw the Petition with liberty to file fresh Petition by invoking provisions of Section 13(2) of the Maharashtra Project Affected Persons Rehabilitation Act, 1989 and to pray that land of the Petitioner having situated outside benefited zone could not have beeen acquired at all by Respondents.

2.

Writ Petition is dismissed as withdrawn with liberty as prayed. 3.

It is made clear that this Court has not expressed any view on the maintainability of such Petition. If any such petition is filed, the same would be decided on its own merits.

[M.M.SATHAYE,J.] [R. D. DHANUKA, J.] 1 /1