K D Builders Through Its Partner Mukesh K Deora v. Union Of India

6-WP-3470-2025.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3470 OF 2025 K D Builders thr. Its Partner Mukesh K Deora

...Petitioner

Versus

Union of India & Ors

...Respondents

______________________________________________________ Mr Bharat Raichandani, with Ms Dhanishtha Kawale, i/b, UBR Legal Advocates, for the Petitioner.

Ms Jyoti Chavan, Addl GP, for the Respondents 2 & 3-State. ______________________________________________________

CORAM

M.S. Sonak & Advait M. Sethna, JJ.

DATED:

10 November 2025 PC:- AMOL PREMNATH JADHAV 1.

Heard Mr Raichandani for the Petitioner and Ms Chavan AMOL PREMNATH JADHAV Date: 2025.11.11 15:30:00 +0530 for the Respondent-State.

2.

Mr Raichandani, on instructions, seeks leave to withdraw this Petition with liberty to file an Appeal against the impugned order dated 29 April 2024 to the Appellate Authority. He states that such Appeal would be filed within four weeks of the date of uploading of this order and some directions may be issued to the Appellate Authority to decide the Appeal on merits.

6-WP-3470-2025.DOCX 3.

The Petitioner had instituted this Petition on 10 July 2024 i.e., well within the limitation period prescribed for instituting an Appeal.

4.

Accordingly, if Appeal is indeed instituted within four weeks of the uploading of this order, we direct the Appellate Authority to decide such Appeal on merits and in accordance with law without adverting to the issue of limitation. Needless to add that the Appellate Authority must grant the parties an opportunity of hearing and dispose of the Appeal by passing the speaking order.

5.

All contentions of all parties on merits are expressly kept open.

6.

This Petition is disposed of in the above terms. No costs. All concerned to act on an authenticated copy of this order. (Advait M. Sethna, J) (M.S. Sonak, J)