Chandrasingh S/O Baldevsingh Rajput And 3 Others v. State Of Maharashtra, Through Its Secretary, Public Works Department, Mumbai And Others

WP2811-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2811/2014 (CHANDRASINGH BALDEVSINGH RAJPUT & ORS VERSUS STATE OF MAHARASHTRA & ORS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.A. Padhye, counsel for the petitioners. Shri A.S. Fulzele, Additional G.P. for the R-1 to 8. Shri K.P. Sadavarte, counsel for the R-9.

CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : JULY 22 , 2015.

Shri Padhye, the learned counsel for the petitioners, has tendered a pursis in the Court, today. The same is accepted on record.

It is stated in the pursis that the land acquisition proceedings that were subjected to challenge in the instant petition have been quashed and set aside in Writ Petition No.6097 of 2013 and, hence, the challenge in the instant petition is rendered academic. It is stated that the petitioners wish to withdraw the writ petition by reserving their right to challenge the action of the respondents in case, the respondents adopt and undertake the same procedure which is under challenge in the instant petition and/or adopt the entire record of the land acquisition proceedings which is questioned in the instant petition.

We find that the request made by the petitioners for grant of liberty to challenge the action of the respondents in the circumstances mentioned in paragraph 4 of the pursis is just and reasonable. Hence, we permit the petitioners to withdraw the writ petition with liberty to file file a writ petition or other appropriate proceedings, only in case the contingency in paragraph 4 arises in future.

WP2811-14 The writ petition stands disposed of as withdrawn. JUDGE JUDGE APTE