Mohmad Daus Sahebrao Daulat Koti And ANR v. State Of Maharashtra Through Revenue Minister And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1267 OF 2025 Mohmad Daus Sahebrao and another Petitioners versus The State of Maharashtra and others Respondents Mr.Kishor Patil with Mr.Amol Mhatre, Mr.Abhijit Paul, Advocates for Petitioners.

Mr.Vishal Kanade with Ms.Saloni Shah and Mr.Anuj Savla i/by Trilegal for Respondent no.5.

Ms.Savita A.Prabhune, AGP, for Respondents 1 to 4 State. CORAM :

AMIT BORKAR, J.

DATE :

27th February 2025 PC :

1.

The advocate for Respondent no.5, on instructions, states that Respondent no.5 shall withdraw Appeal No.797 of 2024. Liberty to withdraw Appeal No.797 of2024 is granted. The appeal is dismissed as withdrawn.

2.

Therefore, the order impugned in the present petition dated 22nd January 2025 does not survive. It is quashed and set aside.

MANISH SURESHRAO THATTE Date: 2025.02.28 10:27:41 +0530 MANISH SURESHRAO THATTE 3.

However, it is made clear that this Court has not adjudicated the rights of parties on merits and it shall be open

2 of 2 908.WP.1267.2025.doc for Respondent no.5 to adopt fresh proceedings and liberty is granted to Respondent no.5 to challenge the order of grant of permission u/s.36-A in favour of Petitioner and any consequential order. Rights and contentions of both sides are kept open for adjudication, in case Respondent no.5 initiates fresh proceedings.

(AMIT BORKAR, J.) MST