Manoj Kantilal Agarwal And ANR v. The State Of Maharashtra Through Secretary Revenue And Forest Dept. And ORS

16-918-2021-CWP=.doc Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 918 OF 2021 Manoj Kantilal Agarwal and Anr.

.. Petitioners Vs.

The State of Maharashtra & Ors.

.. Respondents .....

Mr. Ajit D. Hon for the petitioner Mr. Abhijit Kulkarni i/b D.D. & Abhijit Associates for respondent no.3 Mr. K.S. Thorat, AGP for respondent nos. 1 and 2 CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, J.J.

DATED : 26th AUGUST, 2021 P.C.

1.

Heard learned Counsel for the parties.

2.

The learned Counsel appearing on behalf of the petitioners submits that their main prayer in the present petition is that the respondent to conclude the enquiry as early as possible. He submits that Deputy Commissioner (Entertainment), Pune Division, Pune has filed affidavit-in-reply dated 23rd August, 2021 stating that they will complete the enquiry approximately within six months. Paragraph 9 of the said affidavit-in-reply reads thus :- by UDAY SHIVAJI JAGTAP Date:

2021.08.30 19:00:49 +0530 UDAY SHIVAJI JAGTAP

16-918-2021-CWP=.doc "9.

I submit that, with respect to petitioner's case, that enquiry will be completed approximatley 6 months time. Recently the Enquiry hearing in The Saswad Mali Sugar Factory Ltd Malinagar, was conducted on 10th Aug 2021 by me and next hearing is scheduled on 2nd Sept 2021 and 3rd Sept 2021 respectively."

3.

The learned Counsel for the petitioner submits that in view of statement made by the Deputy Commissioner (Entertainment) in paragraph no.9 of their affidavit-in-reply, he received instructions to withdraw the present petition. To that effect he has tendered a praecipe dated 26th August, 2021. The same is taken on record and marked "X" for identification.

4.

The Writ Petition stands disposed of as withdrawn in view of the affidavit-in-reply filed by the Enquiry Officer for the Saswad Mali Sugar Factory Ltd. and Deputy Commissioner (Entertainment), Pune Divn. Pune, dated 23rd August, 2021. No order as to costs.

5.

All contentions of both the parties are kept open. 6.

Parties to remain present before the Enquiry Officer on 2nd and 3rd September, 2021, which is the next date of enquiry hearing.

(PRITHVIRAJ K. CHAVAN, J.) (K.K. TATED, J.)