Shri. Eknath Shankar Tupe And ORS v. The State Of Maharashtra Through Its Principal Secretary And ORS

Digitally signed by PRASHANT VILAS RANE Date:

2021.09.09 21:27:18 +0530 PRASHANT VILAS RANE 1-wp 4075-21.doc Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4075 OF 2021 Shri.Eknath Shankar Tupe & Ors.

...Petitioners

V/s.

The State of Maharashtra & Ors.

...Respondents

----- Mr.Rohan Sawant with Mr.Prabhakar Jadhav for the Petitioners. Mr.S.H. Kankal, AGP for the State.

----- C0RAM : G. S. KULKARNI, J.

DATE : SEPTEMBER 08, 2021 PC :

1.

After this petition was heard for sometime, Mr.Sawant, learned counsel for the petitioners seeks leave to withdraw this petition and rightly so, as a remedy of an appeal is available to the petitioner under the provisions of Section 247 read with Schedule-E of the Maharashtra Land Revenue Code 1966, to assail the impugned order, which is passed by the Sub-Divisional Officer, Haveli Sub-Division, Pune. Allowed to be withdrawn with liberty as prayed for.

2.

However, only to enable the petitioners to move the appellate authority alongwith a stay application the ad-interim protection as granted by the order dated 12 August, 2021 shall continue to operate for a period of two weeks. The continuation of such protection in no manner shall be construed to be 1/2

1-wp 4075-21.doc any expression on the merits of the matter. The appellate authority shall accordingly decide the appeal without being influenced by the continuation of the protection, and on its own merits.

3.

All contentions of the parties are expressly kept open. 4.

The writ petition stands disposed of in the above terms. No costs. (G. S. KULKARNI, J.) 2/2