Shri. Deepak Wamanrao Palkar v. Ld. District Collector Of Satara And ORS.
9-WP.13357.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13357 OF 2016 Shri. Deepak Wamanrao Palkar } Petitioner versus Ld. District Collector, Satara } and Ors.
} Respondents Mr. Manoj Patil for the petitioner.
Mr. B. V.Samant-AGP for State.
Mr. Prabhanjan B. Gujar for respondent no. 7.
CORAM :- S. C. DHARMADHIKARI & PRAKASH. D. NAIK, JJ.
DATED :- APRIL 23, 2018 P.C. :- 1.
The affidavit in rejoinder of the petitioner tendered by Mr.Patil is taken on record.
2.
After this petition was argued for some time and we expressed our disinclination to grant any relief in writ jurisdiction, on instructions, Mr. Patil seeks leave to withdraw the writ petition with liberty to adopt appropriate proceedings. Leave granted. The writ petition is allowed to be withdrawn with liberty as above.
J.V.Salunke,PA
9-WP.13357.2016.doc 3.
It is requested by Mr. Patil that on 2nd December, 2016, this court had directed the parties to maintain status quo as was existing on 2nd December, 2016 in respect of the possession of the land. Let that order continue for a period of eight weeks so that the petitioner can adopt appropriate proceedings and in that, seek interim protection.
4.
After hearing both sides, we think that this request is reasonable. Without expressing any opinion insofar as the rival contentions on merits are concerned, we continue the order passed by this court to the above effect on 2nd December, 2016 for a period of two months. This order and direction is without prejudice to the contentions of both sides. The authority or court to which the petitioner approaches shall not be bound to continue this order, save and except a prima facie case being made out by the petitioner, he proving balance of convenience in his favour and equally ultimate irreparable loss and injury. All contentions in relation thereto and of all parties are kept open. (PRAKASH.D.NAIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA