Bhartiya Kisan Sangh, Through President, Shankarrao L. Shelar And ORS v. The State Of Maharashtra, Through Principal Secretary, Irrigation Dept And ORS

skn 1/2 1863.13-wp.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1863 OF 2013 Bhartiya Kisan Sangh and others.

...

Petitioners.

V/s.

The State of Maharashtra and others.

...

Respondents.

Tejas Deshmukh with Ritesh Kulkarni, Samrat Shinde for the petitioners. A.I.Patel, AGP for respondent No.1.

Ms.Swati Sawant i/b. S.K.Legal Associates for respondent No.3. A.A.Kumbhakoni, Sr.Advocate with G.H.Keluskar for respondent No.4. D.M.Gupte for respondent No.5.

D.D.Shinde for respondent No.6.

CORAM : A.S. OKA AND C.V.BHADANG, JJ DATED :

12th February 2016.

P.C. :

The learned counsel appearing for the petitioners, on instructions, seeks permission to withdraw this petition with liberty to make an application to the Maharashtra Water Resources Regulatory Authority for review and/or modification of the judgment and order dated 16th May 2012.

2.

The learned counsel for the petitioner submits that considering the issue raised by the petitioners, the Regulatory Authority be directed to invite an expert in field of water pollution as provided in clause (d) of sub-section (1) of section 4 of the Maharashtra Water

skn 2/2 1863.13-wp.sxw Resources Regulatory Authority Act, 2005. Accordingly, the writ petition is disposed of as withdrawn with liberty to the petitioners file an appropriate application to the Regulatory Authority. It is always open for the petitioner to request the Regulatory Authority to invite any expert having special knowledge in the field of the water pollution as a special invitee.

3.

All contentions on merits are kept open.

(C.V. BHADANG, J) (A.S.OKA, J)