Sagar Kala Krida Va Sanskrutik Mandal Through Its President Shri Irranna Yallappa Naik v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1098 OF 2015 Shri. Sagar Kala Krida Va Sanskrutik Mandal, Halkarni, Tal. Chandgad, Dist. Kolhapur .. Petitioner v/s.

State of Maharashtra, Through its Chandgad Police Station Dist. Kolhapur ..Respondent Mr. M.A. Patil for the petitioner Mrs. M.H. Mhatre, APP for the respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 29th APRIL, 2015.

P.C.

1.

This is a petition under Article 226 of the Constitution of India, by which the petitioner prays for issuance of writ of mandamus directing the respondents not to enter the premises of the petitioner society / trust, without following the procedure prescribed by law.

2.

Mrs. Mhatre, learned APP on instructions states that the authorities have always followed the procedure, and the petitioner has not complained of any breach of the procedure followed by the respondents.

3.

The learned APP, however, states that whenever an occasion would arise to effect entry in the premises of the petitioner's society / trust, the respondents would obviously follow the procedure established by law.

4.

We accept the aforesaid statement as an undertaking to the Court.

5.

The learned Counsel for the petitioner, therefore, states that the petitioner may be permitted to withdraw this petition, as this Court has accepted the statement made by the learned APP as an undertaking to the Court.

6.

The Writ Petition is accordingly dismissed as withdrawn accepting the statement made by the learned APP as an undertaking to the Court.

(ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.)