Sarita Distributors Thr His Proprietor v. The Malegaon Municipal Corporation Thr Its Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6785 OF 2022 WITH INTERIM APPLICATION NO.3585 OF 2022 IN WRIT PETITION NO.6785 OF 2022 M/s. Sarita Distributors ..

Applicant.

v/s.

The Malegaon Municipal Corporation & Others ..

Respondents.

Mr. Manish N. Jain with Ms. Rita G. Ghalot i/b. S. M. Jain Associates, for the Applicant/ Petitioner.

Mr. S. S. Patwardhan, for Respondent Nos. 1 & 2- Corporation. Mr. A. A. Alaspurkar, AGP for Respondent No.3-State. Digitally signed by SMITA RAJNIKANT JOSHI Date:

2023.01.31 11:03:06 +0530 CORAM: SUNIL B. SHUKRE & SMITA RAJNIKANT JOSHI M. W. CHANDWANI, JJ.

DATE : 24th JANUARY, 2023.

P.C:- After hearing the matter for some time, the learned Counsel for the Applicant/Petitioner seeks leave of the Court to withdraw the Petition with liberty to take recourse to the alternate remedy of filing an appeal, challenging the legality and correctness of the impugned resolution of the Corporation under Section 451 of the Maharashtra Municipal Corporation Act, 1949. Keeping all the contentions open, leave to withdraw the Petition with liberty as prayed for, is granted. Writ Petition is disposed of as withdrawn.

Interim Application is also disposed of in terms of final order in the Writ Petition.

42-ia-3585-2022.doc S.R.JOSHI

If the Appeal is filed within two weeks, the same shall be heard and decided in accordance with law as expeditiously as possible by the State, preferably within a period of twelve weeks from the date of filing of the Appeal by the State Government. (M. W. CHANDWANI ,J.) (SUNIL B. SHUKRE,J.) 42-ia-3585-2022.doc S.R.JOSHI