M/S F. A. Construction, Mumbai Through Partner Shri Nisar Fateh Mohd Khatri S/O Fateh Mohd. Khatri v. State Of Maharashtra, Water Resources Dept. Mumbai Through Its Principal Secretary And Others

1 wp2686.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2686/2018 M/s. F.A. Construction ..VS..

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 S.D. Dewani, Advocate for the petitioner Shri P.S. Tembhare, AGP for the respondent no. 1 Shri V.G. Palshikar, Advocate for the respondent nos. 2, 3 and 4 CORAM : B.P. DHARMADHIKARI AND Z.A.HAQ, JJ.

DATED : 25 /07/2018 1] Advocate Palshikar appearing for respondent nos. 2,3 and 4 states that impugned order dated 16/04/2018 at Annexure-N is being withdrawn since the same is without extending necessary opportunity to petitioner. He has tendered a pursis signed by respondent nos. 2, 3 and 4 on this line.

2] As the impugned order is being withdrawn, learned advocate for petitioner fairly gives no objection. 3] However, upon a query made by this Court, it has been informed that more than 2 or 3 such orders have been passed without extending opportunity to persons/firms like petitioner. Question before this Court is whether respondent nos. 2, 3 and 4 are staging only a farce of action.

2 wp2686.2018 4] We keep question open and will be looked into in some other appropriate matter. However, respondent nos. 2,3 and 4 to take note of these observations.

5] With this, petition is disposed as withdrawn. No costs.

JUDGE JUDGE Ansari