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Bombay High CourtWP/15492/2023allowed to be withdrawn

Sandeep Vitthal Satavi v. State Of Maharashtra Thr The Secretary Public Works Dept. And ORS

2023-12-13Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

8-WP-15492-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SHRADDHA KAMLESH TALEKAR WRIT PETITION NO. 15492 OF 2023 SHRADDHA KAMLESH TALEKAR Date: 2023.12.14 11:27:46 +0530 Sandeep Vitthal Satavi .. Petitioner

Versus

1. State of Maharashtra & 25 Ors.

...Respondents

Mr.Rajesh Datar i/b Mr.Akshay Kandarkar, Advocate for Petitioner.

Mr.Akshay Shinde, 'B' Panel Counsel for Respondent Nos.1, 2 & 3State. Mr.Shailesh Redekar, Advocate for Respondent Nos.8, 9, 12, 14 and 17.

Mr.Yogesh Rawool, Advocate for Respondent Nos.20, 21, 24 and 25.

Mr.Sandeep Vitthal Satavi, Petitioner is present in-person. CORAM : B.P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE :

DECEMBER 13, 2023.

P C :

1.

The above Writ Petition is filed challenging the order passed by the Competent Authority dated 15th September 2023. The Competent Authority, by the impugned order, dismissed the objections filed by the Petitioner under section 3H(3) of the National Highways Act, 1956. DECEMBER 13, 2023 Shraddha Talekar, PS

8-WP-15492-2023.doc 2.

After the matter was argued for some time, the learned Advocate appearing on behalf of the Petitioner, on instructions, sought leave to withdraw the above Writ Petition with liberty to file a Civil Suit to agitate the issues raised in the present Writ Petition. In these circumstances, the above Writ Petition is dismissed as withdrawn with liberty as prayed. 3.

Now that the above Writ Petition is withdrawn, the Competent Authority shall proceed to disburse the amount to the concerned Respondents as per the Award passed under section 3G of the National Highways Act, 1956. We make it clear that this disbursement is subject to the Suit, if any, which is proposed to be filed by the present Petitioner. All contentions of all parties are expressly kept open to be agitated in the said Suit.

4.

The Writ Petition is accordingly disposed of. 5.

Assistant of this Court. All concerned will act on production by fax or [ SOMASEKHAR SUNDARESAN, J. ] [ B.P. COLABAWALLA, J. ] DECEMBER 13, 2023 Shraddha Talekar, PS