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Bombay High CourtWP/1557/2024disposed off

Yatin Harakhchand Savla v. The State Of Maharashtra

2024-09-25Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice M.S. Sonak2 pages

28-OSIAL-22119-2023 IN OSWP-1557-2024.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1557 OF 2024 WITH INTERIM APPLICATION (L) NO. 22119 OF 2023 IN WRIT PETITION NO. 1557 OF 2024 Yatin Harakchand Savla & Ors

...Petitioners

Versus

The State of Maharashtra & Ors

...Respondents

AMOL PREMNATH JADHAV AMOL PREMNATH JADHAV Date: 2024.09.25 18:40:20 +0530 Mr Yashodeep Deshmukh, i/b Dipak Jadhav, for Petitioner. Ms Lavina Kriplani, AGP, for Respondent-State. Mr Swapnil Bharati, i/b, Sunil Sonawane, Respondent-BMC. Mr Aditya Pimple, with Rajan Yadav, Krishma Shah & Aditya Gatlewar, i/b, Kiran Jain & Co, for Respondents No. 4 & 5.

Mr Mandar P Katkar, Jr. Engineer, (WW) F/N ward, Present.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

25 September 2024 PC:- 1.

Heard learned Counsel for the parties.

2.

Mr Deshmukh, the learned Counsel for the Petitioner, on instructions seeks leave to withdraw this Petition with liberty 25 September 2024

28-OSIAL-22119-2023 IN OSWP-1557-2024.DOCX to file a comprehensive Petition encompass certain subsequent developments.

3.

Mr Deshmukh points out that the order of 26 July 2023, this Court rejected the prayer for interim relief but after referring to the Corporation's notice dated 10 July 2023 had suggested certain solutions to the Petitioner. Mr Deshmukh states that the Petitioner did attempt to avail of such solutions but still, some hurdles remained and therefore, the Petitioner may have to file a fresh and comprehensive Petition including all these issues.

4.

Accordingly, leave is granted to withdraw this Petition with liberty to file a fresh Petition on the same cause of action and also regarding some subsequent developments. 5.

All contentions of all parties are explicitly left open. 6.

This Petition is disposed of as withdrawn with liberty in above terms. There should be no order for costs. 7.

The Interim Application does not survive and it is disposed of.

(Kamal Khata, J) (M.S. Sonak, J) 25 September 2024