Bira Yedu Hande And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:30076 921-WP-13820-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13820 OF 2024 Bira Yedu Hande And Another

VERSUS

The State Of Maharashtra Through Its Principal Secretary And Others *** • Mr. K. N. Shermale, Advocate for the Petitioners • Mrs. K. R. Jamdhade, AGP for the Respondents/State *** CORAM : R.M. JOSHI, J DATE : DECEMBER 17, 2024 PER COURT :

1.

After hearing learned Counsel for both sides for substantial time and when this Court has shown disinclination to cause interference in the impugned show cause notice, learned Counsel for the Petitioners, on instructions, seeks withdrawal of the Petition with liberty to move appropriate proceedings under Rule 7 of the Maharashtra Land Revenue (Partition and Holdings) Rules, 1967. He however contends that impugned notice indicate that during execution proceeding possession of the subject property is likely to be taken on 20.12.2024. He, therefore, prays that to enable the Petitioners to move appropriate proceedings before Collector, the action of taking/giving possession of the subject property be deferred till 31.12.2024. Umesh

921-WP-13820-2024.odt 2.

Petition is dismissed as withdrawn with liberty as prayed.

3.

It is clarified that the possession of the subject property be not taken or given before 31.12.2024.

4.

Learned AGP to communicate this order forthwith to concerned Authorities.

(R.M. JOSHI, J.) Umesh