Laxman Baburao Palange And ORS v. Pune Municipal Corp. (Pmc) Thru Commissioner, Pune And ORS

909.11585.18-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11585/2018 Laxman Baburao Palange & Ors.

... Petitioners V/s.

Pune Municipal Corporation & Ors.

... Respondents Mr. Dilip Bodake for the Petitioners Mr. Vishwanath Patil for Respondent No.1.

Mr. R. P. Kadam, AGP for Respondent State

CORAM:

K.K. TATED, J.

DATED :

DECEMBER 5, 2018 P.C. :

Heard. After arguing for some time, when this court declined to entertain the Writ Petition, the learned counsel for the Petitioner submits that he received instructions from his client that they are ready and willing to comply with the notice dated 13.07.2018 issued by Respondent No.1 to 4 for vacating the suit premises. To that effect, he has filed affidavit of Mr. Rahul R. Kamble for himself and on behalf of all the Petitioners. Same is taken on record and marked "X" for identification. The undertaking given by the Petitioner in the affidavit dated 05.12.2018 is accepted.

The learned counsel for the Petitioner is granted time till 15.02.2019 to comply with the notice dated 13.07.2018. Basavraj G. Patil 1/2

909.11585.18-wp.doc The learned counsel for the Petitioner also given in writing that they received instructions to withdraw the Writ Petition on behalf of all the Petitioners. Same is taken on record and marked "X-1".

Hence, following order is passed:

a.

The Petitioners are granted time to comply with the notice dated 13.07.2018 under section 268 of the Maharashtra Municipal Corporation Act, issued by Respondent Nos.1 to 4, till 15.02.2019.

b.

The undertaking given by the Petitioners in affidavit dated 05.12.2018 is accepted.

c.

The Writ Petition stands disposed of as withdrawn. d.

All contentions of the parties are kept open except on notice dated 13.07.2018 (page 127) issued by Respondent Nos.1 to 4 to the Petitioners.

(K. K. TATED, J.) Basavraj G. Patil 2/2