Udaysingh Harinarayan Rajpurohit And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4829 OF 2017 Shri Udaysingh Harinarayan Rajpurohit & Anr ..Petitioners Vs.

The State of Maharashtra ..Respondent Mr. Rajendra Sorankar for the Petitioners Mr. K. V. Saste Addl PP for the Respondent State CORAM :R. M. SAVANT, & SANDEEP K SHINDE,JJ DATE : 22nd JANUARY, 2018 P.C.

The above Criminal Writ Petition has been filed seeking directions against the Respondent for withdrawal of the letters as mentioned in Exhibit D(colly) i.e. pages 53 to 77 of the Writ paper book. By the said letters, the Sub-Registrar and the Tahsildar, Palghar, District Palghar and Thane was directed not to register any document in respect of the lands mentioned in the letters Exhibit D (colly).

We had on the last occasion directed the Learned Addl PP to file Affidavit in Reply as direction to the said effect was already issued by the earlier Division Bench by order dated 8-9-2017. However, though no reply has been filed on behalf of the Respondent, the Learned Addl PP Mr. Saste tenders the letter dated 17-1-2018 addressed by the Assistant Police Inspector, E.O.W. Thane, Rural to the Sub-Registrar-1 Palghar. The said letter in the reference

column mentions the letters addressed by the said Police Officer to the SubRegistrar and the Tahsildar. The said letter contains a table in respect of the C. R.'s registered and the properties which are the subject matter of the said C. R.'s. On the first page the table contains 11 items and on the reverse page the table contains 9 items i.e. the letters addressed by the said Police Officer to the Sub-Registrar-I Palghar. It is lastly mentioned in the said letter that the directions given for non registration of any document stand withdrawn. We have perused the said letter dated 17-1-2018 of the Assistant Police Inspector, E. O.W. Thane, Gramin. We have also permitted the Learned Counsel for the Petitioners Mr.

Sorankar to peruse the said letter and juxtapose the same with the directions which have been issued vide the letters Exhibit D (colly). The Learned Counsel Mr. Sorankar has accordingly compared items 1 to 11 on the first page and items 1 to 9 on the reverse page with the Exhibit D (colly) at pages 53 to 77. On such comparison, the Learned Counsel states that the directions issued vide the said letters have been withdrawal save and except the letter bearing No.271/2017 which is at page 64 of the writ paper book.

Upon this the Learned Addl PP Mr. Saste on instructions states that necessary directions in respect of the withdrawal of the directions as contained in the said letter bearing No.271/2017 would be issued within one

week from date. Statement accepted. In view of the said letter dated 17-12018 and having regard to the statement made by the Learned Addl PP on instructions of PSI Mr. D. S. Pawar of the E. O.W. Thane, Rural, there is now no warrant to keep the above Writ Petition pending. A photocopy of the said letter dated 17-1-2018 is taken on record and marked as "X" for identification. The above Petition to accordingly stand disposed of. [SANDEEP K. SHINDE, J] [R.M.SAVANT, J]