Masjid And Madarsa Dawoodullam Jamiyan Aaluddin v. The State Of Maharashtra And ORS

by HEMANT CHANDERSEN SHIV Date:

2023.10.30 17:13:18 +0530 HEMANT CHANDERSEN SHIV 1/2 42.wp12657.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12657 OF 2023 Masjid and Madarsa Dawoodullam Jamiyan Aaluddin ... Petitioner vs.

The State of Maharashtra & Ors.

... Respondents Mr. Abhijit Kadam i/b Mahesh Mundaware with Prem Mhatre, Sonali Sase for the Petitioner.

Mr. P. P. Pujari AGP for Respondent No.1-State. Mr. Yogesh Patil i/b Mr. Vijay Patil for Respondent No.2-SRA. Ms. Sneha Dedhiya for Respondent No.3.

CORAM : NITIN B. SURYAWANSHI, J.

DATED : 23RD OCTOBER 2023 P. C. :

1.

Preliminary objection is raised as to maintainability of present Writ Petition on the ground that alternate efÏcacious remedy is available to the Petitioner under Section 35 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. 2.

Faced with this situation, learned Advocate for the Petitioner seeks permission to withdraw Writ Petition, with liberty to avail alternate remedy. Permission is granted. Shiv

2/2 42.wp12657.23.doc 3.

Writ Petition is disposed of as withdrawn with liberty as prayed for.

4.

It is made clear that while considering delay condonation in filing appeal, pendency of this Petition shall be taken into consideration.

5.

If stay application is filed by Petitioner, Appellate Authority shall consider it expeditiously within four weeks from date of filing of stay application.

[NITIN B. SURYAWANSHI, J.] Shiv