Shri. Shyamlal Hariram v. State Of Maharashtra And ORS.
63.WPNo.22072020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2207 OF 2020 Shyamlal Hariram ...
Petitioner
Versus
The State of Maharashtra & Ors.
...
Respondents WITH INTERIM APPLICATION (ST) NO. 5664 OF 2022 IN WRIT PETITION NO. 2207 OF 2020 Yashwant Narayan Surve Deceased Through LRs.
...
Applicant.
In the Matter Between :
Shyamlal Hariram ...
Petitioner
Versus
The State of Maharashtra & Ors.
...
Respondents Mr. K. T. Kukreja a/w. Ms. Chandni Sabnani i/b. Mr. Arvind Manghirmalani, Advocate for the Petitioner.
Mr. S. L. Babar, AGP for the Respondents/State. Mr. S. P. Kanuja, Advocate for the Respondent No.3. Mr. Ulhas T. Naik, Advocate for the Respondent No.5 in WP/ 2207/2020 and for Applicant in IAST/5664/2020.
CORAM:
S.V. GANGAPURWALA & VINAY JOSHI, JJ.
DATED :
APRIL 12, 2022 P.C.
1.
The learned Counsel for the petitioner seeks leave to withdraw the writ petition with liberty to fle fresh one on the ground that there are large scale of documents which Gaikwad RD 1/2
63.WPNo.22072020.doc were not produced on record and averments in the memorandum of petition also are not suffcient to clarify about the documents since the year 1971.
2.
The learned Advocate for the respondents submits that in fact the order impugned in the writ petition is passed under Section 24(2) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as "the Act"). The petitioner has remedy to fle a revision under Section 24(4) of the Act.
3.
As the prayer is made for withdrawal of writ petition, we dispose of the writ petition as withdrawn. No costs. 4.
The petitioner may take a fresh proceedings as permissible under the Statute and the law on the same cause of action. The objection of the respondents of the availability of the alternate remedy is kept open. 5.
In view of disposal of writ petition, Interim Application (St) No. 5664 of 2022 also stands disposed of. (VINAY JOSHI, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:
2022.04.13 11:45:00 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2