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Bombay High CourtWP/11080/2015withdrawn

Nanda Kanhyalal Rathod v. Aurangabad Municipal Corporation Aurangabad Through Its Commissioner

2015-09-30Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice A.M. Badar2 pages

28873.15wpst FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ WRIT PETITION St.NO.28873 OF 2015 SMT. NANDA W/O KANHYALAL RATHOD

VERSUS

AURANGABAD MUNICIPAL CORPORATION, AURANGABAD.

...

Advocate for Petitioner : Mr.S.R. Barlinge Advocate for Respondent : Mr.Karad Atul.

...

CORAM : S.S. SHINDE & A.M. BADAR, JJ.

Dated: SEPTEMBER 30, 2015 ...

Not on Board, taken on Board.

Learned Counsel for the respondent - Municipal Corporation, Aurangabad, on instructions of the Assistant Director of Town Planning, serving in the Municipal Corporation, makes a statement that the public notice dated 24th September, 2015 at Exh.I at page 33 of the compilation of Writ Petition will not be acted upon for a period of ten days from today.

Learned Counsel for the petitioner seeks

28873.15wpst permission to withdraw the petition with liberty to approach the Civil Court.

Petition is dismissed as withdrawn with liberty as prayed for.

We make it clear that we have not entered into merits of the matters and even the statement of the Counsel for the respondent - Municipal Corporation, which is recorded above is not on merits and the same is without prejudice to rights and contentions of the respondent - corporation. Parties to act upon authenticated copy of this order.

(A.M. BADAR, J) (S.S. SHINDE, J) kadam/