Tarabai Dnyaneshwar Lendghar And ORS v. Sugrbai Babumia Mujawar Deceased And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9720 OF 2024 Tarabai Dnyaneshwar Lendghar And Ors
...Petitioners
Versus
Sugrbai Babumia Mujawar Deceased And Ors
...Respondents
....
Dr. Uday Warunjikr, with Mr. Rohan Barge and Mr. Anilkumar Bagul, for the Petitioner.
Dr. Birendra Saraf, Advocate General, with Mr Y. D. Patil, A.G.P. for the Respondent - State.
....
CORAM
:
AVINASH G. GHAROTE, J.
DATE :
1st AUGUST, 2024 P.C.
:
1.
In pursuance to the order dated 19.07.2024, and 25.07.2024, Dr Birendra Saraf, learned Advocate General, has tendered across the Bar, a Circular dated 01.08.2024, by which the earlier Circular dated 06.05.2021, which was issued in pursuance to the judgment of the Hon'ble Apex Court in Asian ARUN RAMCHANDRA SANKPAL Resurfacing of Road Agency Pvt. Ltd Vs C.B.I. (2018) 16 SCC 299, ARUN RAMCHANDRA SANKPAL Date: 2024.08.01 19:38:14 +0530 has been withdrawn. The same is taken on record and marked as "X" for the purpose of identification.
2.
The learned AGP is directed to ensure that the Circular dated 01.08.2024, be circulated amongst all officers of the entire State, who shall take note of the same and act as per the same. 3.
In view of the above the learned counsel for the petitioner seeks to withdraw the petition with liberty to continue the revision filed before the Maharashtra Revenue Tribunal. 3.
The learned AGP, however brings to my notice that before approaching this Court by the present Writ Petition which was filed on 26.6.2024, against the order dated 12.06.2024 passed by the Sub Divisional Officer, Khed, the petitioner had already approached the learned Maharashtra Revenue Tribunal, Pune by way of Revision bearing No. P/VI/01/2024 on 21.06.2024, in which by an order dated 21.06.2024 itself the stay in terms of prayer clause 7 of the stay application was granted till the next date. The next date was fixed on 27.06.2024. This position was never disclosed in the present petition, on account of which though the petition is sought to be withdrawn with liberty, however the same shall be at the cost of Rs. 5 lakhs, to be
deposited as a condition precedent, for the petitioner to prosecute the proceedings before the learned MRT. It is necessary to note that petitioner No. 4, Sanjay Dnyaneshwar Lendghar, is personally present in the Court when the order is passed and is aware of the same.
4.
The statement is accepted. The petition is dismissed as withdrawn with liberty as prayed. A copy of this order be sent to the learned MRT, Pune, to ensure its compliance. (AVINASH G. GHAROTE, J.)