Dhondiram Munjaji Jadhav, Lrs Santosh And Others v. State Of Maharashtra And Others

1 WP 5046/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5046 OF 2015 Dhondiram S/o. Munjaji Jadhav (died through L.Rs.) Santosh S/o. Dhondiram Jadhav & Ors.

PETITIONERS V E R S U S The State of Maharashtra & two others RESPONDENTS Mr. G.R. Syed, Advocate for the Petitioners Mr. P.S. Patil, A.G.P. for the Respondent No.1 & 2 - State Mr. S. S. Bora, Advocate for Respondent No.3 CORAM : A.V. NIRGUDE & V.L. ACHLIYA, JJ.

DATE : 4th April, 2016 PER COURT :

1.

By consent of the learned counsel for the parties, the matter is taken up for final hearing.

2.

Heard the learned counsel for the parties.

3.

Mr. Bora, learned counsel for the Respondent - Corporation states that action has been taken under Section 81-B of the Maharashtra Municipal Corporations Act and the petitioners herein have an alternate remedy under Section 81-F of the said Act.

2 WP 5046/2015 4.

In the light of that learned counsel for the petitioners seek leave to withdraw the Writ Petition with liberty to file appeal before the District Judge.

5.

The Writ Petition stands disposed of as withdrawn with liberty as aforesaid.

6.

The order of status quo passed by this Court shall continue for further period of 15 days, so as to enable the petitioners to move the appropriate Court for interim orders.

7.

The Court where the appeals would be filed, shall consider the time spent in prosecuting the present Writ Petition. All contentions of the parties kept open. No costs.

( V.L. ACHLIYA, J. ) ( A.V. NIRGUDE, J. ) srm/4/4//16