Smt. Changunabai G. Fulore And ORS v. The State Of Maharashtra And ANR

23)WP350.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 350 OF 2015 Smt. Changunabai G. Fulore & Ors.

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Petitioners

Versus

The State of Maharashtra & Anr.

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Respondents Mr. N. R. Bubna, Advocate for the petitioners Mrs. M. P. Thakur, AGP for R. Nos. 1 & 2.

CORAM:-A. S. OKA & REVATI MOHITE DERE, JJ.

DATED :-16/07/2015 P.C.

This petition proceeds on the footing that the lands subject matter of this petition were requisitioned. The contention in the petition is that the requisition cannot be continued for unreasonably long time and, therefore, lands under requisition be ordered to be released from requisition. On the last date the learned AGP had pointed out that mutation entry No. 160 which shows that the lands claimed by the petitioners had been acquired for public purpose.

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23)WP350.15 The learned counsel appearing for the petitioners states that only on the basis of a mutation entry it cannot be held that there was acquisition of the said lands. However, he states that the petitioners have applied under the Right To Information Act, 2005 for getting the copies of the orders/notifications referred in mutation entry No. 160. He, therefore, seeks permission to withdraw this petition with liberty to file a fresh petition after obtaining necessary information under Right To Information Act, 2005. The request is reasonable which deserves to be accepted.

Accordingly, the petition is disposed of as withdrawn with liberty to file a fresh petition as prayed. All contentions on merits are kept open.

(REVATI MOHITE DERE, J.) (A. S. OKA, J.) md.saleem 2/2