Shrikrushna Developers Through Its Partner Hema Suresh Supekar And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8327 OF 2017 Shrikrushna Developers through its partner Hema Suresh Supekar & others Petitioners

Versus

The State of Maharashtra & others Respondents Mr .A.G. Talhar advocate for the petitioners Mr. S.K.Tambe, AGP for Respondents No.1 & 2 Mr. R.N. Dhorde, Sr. Advocate for respondent No.4 _______________ CORAM : RAVINDRA V. GHUGE, J (Date : 30th June, 2017.) PER COURT :- I have heard Shri Talhar learned counsel for the petitioner for some time and Shri Dhorde learned Senior Advocate on behalf of respondent No.4.

Considering the entire history of this litigation and the conduct of the petitioner, I was inclined to rely upon the judgment of the Honourable Apex Court in the matter of Kishor Samrite Versus State of Uttar Pradesh & others (2013 (2) SCC 398) so as to deal with the conduct of the petitioner. At this juncture, learned counsel for the petitioners submits, on instructions that, the petitioners desire to withdraw this

{2} wp 8327.17.odt petition and take recourse to the available legal remedies, if any. In the light of the above, this petition is dismissed as withdrawn with liberty.

Needless to state, this Court has not created any right in the petitioner to prefer any legal remedy; since it will be subject to the law applicable, including the law of limitation, if any. (RAVINDRA V. GHUGE , J) vbd