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Bombay High CourtWP/5536/2016allowed to be withdrawn

Shri. Dilip Shankar Shinde And ORS. v. Shri. Satish Tukaram Shinde And ORS.

2016-05-05Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5536 OF 2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Vaibhav Gaikwad, Advocate for Petitioners.

Mrs.Vrushali Nimbalkar, AGP, for Respondents No.2 to 5.

CORAM : R.G.KETKAR,J.

DATE : 05/05/2016 PC:

1.

Not on board. At the request of Mr.

Gaikwad, taken up in the production board.

2.

Heard Mr. Vaibhav Gaikwad, learned Counsel for the petitioners and Ms. Nimbalkar, learned AGP for respondent Nos.2 to 5, at length.

3.

By this Petition under Article 227 of the Constitution of India, the petitioners have challenged the judgment and orders (1) dated 23.6.2015 passed by the Additional Commissioner in RTS/Rev/Satara.158/2015,

(2) dated 22.5.2014 passed by Collector, (3) order dated 3.11.2012 passed by Sub-Divisional Officer as well as (4) dated 22.12.2011 passed by Tahsildar. By order dated 22.12.2011, the Tahsildar allowed the application of the

2/2 p-5.wp.5536-16.doc respondent No.1 under Section 138 of Maharashtra Land Revenue Code, 1966. By order dated 3.11.2012, the Sub-Divisional Officer dismissed the appeal filed the petitioners challenging the order of Tahsildar dated 22.12.2011. By order dated 22.5.2014 the Collector dismissed the Second Appeal filed by the petitioners and By order dated 23.6.2015, learned Additional Commissioner the Additional Commissioner dismissed the Revision Petition filed by the petitioners.

4.

After arguing the petition for quite sometime, Mr. Gaikwad seeks permission to withdraw the Petition with liberty to file Revision before the State Government. Learned AGP has no objection. In view thereof, on the motion made by Mr. Gaikwad, Petition is allowed to be withdrawn with liberty as prayed for. It is made clear that I have not examined the merits of the proposed proceedings. Order accordingly.

(R.G.KETKAR, J.) Deshmane(PS)