Rcube Realty v. State Of Maharashtra Through G P And ORS

83-wp-4481-2025.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4481 OF 2025 Digitally signed by SHABNOOR AYUB PATHAN Date:

2025.04.28 17:31:53 +0530 SHABNOOR AYUB PATHAN Rcube Realty ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr. A. S. Khandeparkar, Senior Advcoate with Saurabh Mittal with Mr. Rohit P Mahadik with Rushikesh Bhagat and Mr. Farhan Shaikh i/by Khandeparkar & Associates for petitioner.

Smt. V. R. Raje, AGP for State - respondent Nos.1 and 2. Mr. Prasad S. Dani a/w Mr. Nikhil Wadikar for respondent No.3.

Mr. Nitesh S. Nevshe (through V.C.) for respondent No.4.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 28, 2025 P.C.:

1.

Mr. Khandeparkar, learned Senior Advocate appearing for the petitioner, upon instructions received from the partner of the petitioner-firm, submits that the petitioner desires to withdraw the present writ petition. He prays that such withdrawal may be permitted with liberty to the petitioner to raise all the contentions that have been urged in the present writ petition, as well as any other contentions that may be available to the petitioner, in an independent civil suit. The petitioner also seeks liberty to challenge the validity of the impugned order and to seek enforcement of the civil rights which are claimed to have accrued

83-wp-4481-2025.doc in favour of the petitioner.

2.

Considering the request made, and the submissions advanced, permission as prayed for is granted. 3.

Accordingly, the writ petition stands disposed of as withdrawn, with liberty reserved in favour of the petitioner to initiate appropriate civil proceedings as prayed for, and to urge all available grounds therein.

4.

It is clarified that if any civil suit is filed by the petitioner, the civil court shall decide the said suit strictly on its own merits, without being influenced in any manner by the observations made either in the impugned order which is subject matter of challenge, or in the present order passed today.

(AMIT BORKAR, J.)