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Bombay High CourtIA/14866/2024disposed off

Kaluram Maruti Dange Through Power Of Attorney Holder v. The Special Land Acquisition Officer No.24, Pune And ORS

2024-11-22Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

901-WP-6695-2014 AS.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6695 OF 2014 WITH INTERIM APPLICATION NO.14866 OF 2024 Kaluram Maruti Dange

...Petitioner

Versus

The Special Land Acquisition Officer, Pune

...Respondents

__________ Mr. P.B. Shah i/b. Kayval P. Shah, for the Petitioner. Mr. Sachin H. Kankal, AGP for the Respondent Nos.1 to 3. Mr. G.H. Kaluskar, for the Respondent No.5.

Mr. Vijay Patil i/b. PMRDA, for the Respondent No.6. __________ PALLAVI MAHENDRA WARGAONKAR CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

PALLAVI MAHENDRA WARGAONKAR Date: 2024.12.03 12:26:51 +0530 DATE :

22 NOVEMBER 2024 P.C.:

1.

Mr. Shah, learned counsel for the petitioner would draw the Court's attention to the praecipe dated 21 November 2022, moved on behalf of the petitioner to submit that the petitioner intends to withdraw this petition as the petitioner is now pursuing development of the land subject matter of the present petition namely 3H 38 Are situated at Thergaon, Tal. Mulshi, Dist. Pune. However, the petitioner seeks liberty to revive this petition, in the event, the development permission is rejected by the Planning Authority - the Pimpri Chinchwad Municipal Corporation on any ground which is subject matter of this petition. Pallavi Wargaonkar, PS

901-WP-6695-2014 AS.doc 2.

After hearing the learned counsel for the parties, we are of the opinion that the request made on behalf of the said petitioner needs to be granted. We, accordingly, permit the petitioner to withdraw this petition with liberty to revive the petition if the need so arises. In such event, all contentions of the parties are kept open.

3.

Disposed of. No costs.

4.

Interim Application No.14866 of 2024 would also not survive and the same is disposed of with similar liberty as granted to the petitioner in withdrawing the Writ Petition.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Pallavi Wargaonkar, PS