Bombay High CourtWP/1347/2020disposed off

Smt. Shabnam Shafi Sheikh v. Collector, Nagpur And Others

2021-12-20Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice G. A. Sanap2 pages

23-WP-1347-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1347 OF 2020 SMT. SHABNAM SHAFI SHEIKH

VERSUS

COLLECTOR, NAGPUR AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Gaurav S. Gour, Advocate for petitioner. Shri A. R. Chutke, AGP for respondent No.1.

Shri Nitin Jaiswal, Advocate for respondent No.2. CORAM : A.S. CHANDURKAR AND G. A. SANAP, JJ. DATE : 20/12/2021 Shri Gaurav Gour, learned counsel for the petitioner on instructions, seeks permission to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal for availing statutory remedy available to the petitioner. He submits that since the petitioner and her family members are in occupation of the house property which is the subject matter of auction reasonable time be granted to avail such remedy. Shri Nitin Jaiswal, learned counsel for the respondent No.2 does not object the request for availing statutory remedy.

In view of the aforesaid, the writ petition is permitted to be withdrawn with further liberty to the petitioner to avail statutory remedy available in accordance with law. Since the petitioner and her family member are in possession of the house property, interim order granted on 05/03/2020 shall

23-WP-1347-20 continue for further period of four weeks from today and cease to operate thereafter automatically.

All points raised are kept open.

It is made clear that the request for grant of interim protection shall be considered by the Tribunal on its own merits without being influenced by the continuation of the interim protection.

The writ petition is disposed of. No costs.

(G. A. SANAP, J.) (A.S. CHANDURKAR, J.) Choulwar VITHAL MAROTRAO CHOULWAR VITHAL MAROTRAO CHOULWAR Date: 2021.12.21 18:05:58 +0530