Ashutosh Vishnu Kankal And Another v. Collector, Washim And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5371 OF 2019 (Ashutosh Vishnu Kankal and another vs. Collector, Washim and others) ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s orders or directions and Registrar'

s orders.

Shri R.S. Kurekar, Advocate for petitioners.

Shri N.R. Patil, Assistant Government Pleader for respondent nos.1 and 2.

Shri S.R. Deshpande, Advocate for respondent no.3. ----------- CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : MARCH 11, 2020 Heard Shri Kurekar, learned Counsel for petitioners, Shri Patil, learned Assistant Government Pleader for respondent nos.1 and 2, and Shri Deshpande, learned Counsel for respondent no.3. 2) We find that for redressal of grievance raised in this petition, an alternate remedy is available under Section 3-G(5) of the National Highways Act, 1956.

3) Shri Kurekar, learned Counsel for the petitioners, seeks leave of the Court to withdraw the petition with liberty to avail of the alternate remedy. He also prays for continuation of interim relief granted by this Court till the petitioners resort to

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4) Leave with liberty as prayed for, while keeping all questions including question as regards limitation open, is granted. Interim relief is continued for a further period of two weeks or till the application under Section 3-G(5) of the National Highways Act, 1956 is filed, whichever is earlier. 5) The petition is disposed of accordingly.

No costs.

JUDGE JUDGE khj