Karansing Kachrusing Kakas v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4783 OF 2017 Karansingh s/o Kachrusing Kakas, Age: 54 years, Occ: Business, R/o. Golewadi, Aurangabad.

District Aurangabad.

..PETITIONER

VERSUS

The State of Maharashtra Through its Secretary, Urban Development Department, Mantralaya, Mumbai & ors.

..RESPONDENTS Mr Swapnil S. Patunkar, Advocate for petitioner; Mrs A.V. Gondhalekar, A.G.P. for respondent NOs. 1 to 4;

Mr A.S. Bajaj, Advocate for respondent No.5 CORAM : PRASANNA B. VARALE AND MANGESH S. PATIL,JJ.

DATE : 6th DECEMBER, 2018 ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

Learned Counsel appearing for the petitioner, by inviting our attention to the pursis filed on behalf of the petitioner, submitted

(2) that present Writ Petition No.4783 of 2017 though was tagged along with bunch of petitions namely Writ Petition No.4955 of 2017 and other writ petitions on 3rd December, 2018, present petition could not be placed before this Court. He then submitted that an identical issue is raised in the present petition as like the issue in Writ Petition No.4955 of 2017 and other petitions.

3.

Learned Counsel appearing for the petitioner submits that considering the factsituation that by way of communications dated 27th June, 2018 and 6th August, 2018, this Court was of the opinion that the petitioners have approached competent authority and the competent authority is in process of hearing the parties. As such, in view of communications as well as submission of learned Counsel, the petitions were allowed to be withdrawn by observing that the competent authority will take appropriate decision after hearing the parties as expeditiously as possible. The points raised in the petitions were kept open for consideration of the competent authority. Learned

(3) Counsel submits that the petitioner be allowed to withdraw the petition with the same direction and observations of this Court.

4.

In view of submission of learned Counsel for the petitioner and in view of order of this Court dated 3rd December, 2018 in Writ Petition No. 4955 of 2017 and other connected petitions, the petitioner is allowed to withdraw the present petition. Needless to state that the competent authority who is in process of hearing the parties will take appropriate decision after hearing the parties as expeditiously as possible. The points raised in the petition are kept open for consideration of the competent authority.

5.

With these observations, the petition is allowed to be withdrawn and accordingly is disposed of.

( MANGESH S. PATIL ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe