Farida Fahim Shaikh v. Addl. Collector ( Enc./Rem.) And Competent Auth. Churchgate , Mumbai And ORS
WPST32727_18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.32727 OF 2018 Farida Fahim Shaikh ...
Petitioner Vs.
Additional Collector (Enc./Rem.) & Competent Authority and others ...
Respondents WITH WRIT PETITION (ST.) NO.32728 OF 2018 Nazmeen Amin Khan ...
Petitioner Vs.
Additional Collector (Enc./Rem.) & Competent Authority and others ...
Respondents WITH WRIT PETITION (ST.) NO.32729 OF 2018 Vasanti Ravindra Waghmare ...
Petitioner Vs.
Additional Collector (Enc./Rem.) & Competent Authority and others ...
Respondents WITH WRIT PETITION (ST.) NO.32730 OF 2018 Mohd. Kalam Shaikh Islam Shaikh ...
Petitioner Vs.
Additional Collector (Enc./Rem.) & Competent Authority and others ...
Respondents WITH WRIT PETITION (ST.) NO.32731 OF 2018 Rashid Khwajamiyan Darbarwala ...
Petitioner Vs.
Additional Collector (Enc./Rem.) & Competent Authority and others ...
Respondents Mr. Virendra T. Dubey for Petitioner in all the Petitions. Mr. C. D. Mali, AGP for Respondent No.1-State. Ms Aparna Murlidharan and Ms Sayli Apte for Respondent No.2 (MHADA).
CORAM : R. G. KETKAR, J.
DATE :
DECEMBER 7, 2018 P.C. :
Heard Mr. Dubey, learned Counsel for the petitioners, Mr. Mali, 1/2
WPST32727_18.doc learned AGP for respondent No.1-State and Ms Murlidharan, learned Counsel for respondent No.-2 MHADA in all the Petitions. 2.
By these Petitions under Article 227 of the Constitution of India, petitioner in each Petition has challenged the order passed by the Additional Collector (Enc./Rem.), Eastern Suburbs, Churchgate, Mumbai in appeals instituted by the petitioners. The Additional Collector passed orders refusing ad-interim order. The said orders read thus, Order "
Heard.
No Ad-interim.
sd/- 23.10.2018"
3.
In other words, though appeals preferred by the petitioners are pending for adjudication, the Additional Collector has declined to grant ad-interim order. The appeals are instituted challenging the order dated 01.10.2018 passed by the Competent Authority directing the petitioners to handover possession of rooms in their respective possession within 7 days to the Executive Engineer, Kula Division. 4.
Mr. Dubey, after arguing the Petitions for quite some time, on instructions from the petitioners who are present in the Court, seeks permission to withdraw these Petitions unconditionally. He states that he has explained the consequences of withdrawal of the Petitions to them and after understanding the consequences, they have instructed him to withdraw the Petitions. Photocopies of Aadhar Card of all the petitioners are taken on record and marked 'X colly.' for identification. 5.
In view thereof, on the motion made by Mr. Dubey, Petitions are allowed to be withdrawn and are dismissed as withdrawn. Order accordingly.
(R. G. KETKAR, J.) 2/2 Minal Parab