Bombay High Court
International Society For Krishna ... vs State Of Maharashtra, Thr. Its ... on 14 October, 2019
Author: Milind N. Jadhav
Bench: S.B. Shukre, Milind N. Jadhav
1 wp6535.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 6535 OF 2018
International Society for Krishna Consciousness and another
Vs.
State of Mah. Through its Collector, Nagpur and others
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri M. Anilkumar Shankarlal, Advocate for petitioners.
CORAM:- SUNIL B. SHUKRE AND
MILIND N. JADHAV, JJ.
DATED :- 14.10.2019.
After hearing this matter for sometime, learned counsel for the petitioner, on instructions, seeks leave of this Court to withdraw the petition.
2. Liberty is granted for fixing and demarcation of boundary under Sections 135 and 134 of the Maharashtra Land Revenue Code, 1966, while keeping all the questions open. Liberty to withdraw the petition is granted with liberty, as prayed.
3. If any such application is moved by the petitioners, same shall be decided by the competent authority within eight weeks from receipt of the application by following procedure, as laid down in Chapter-IX of the Maharashtra Land Revenue Code, 1966. Needless to say that the respondents shall issue notices and opportunity of hearing shall be granted to all the concerned persons and Officers while deciding the ::: Uploaded on - 16/10/2019 ::: Downloaded on - 17/10/2019 15:50:03 ::: 2 wp6535.18.odt application and fixing of the boundary. The Competent Authority shall not be influenced by whatever measurements that have been taken in the past and shall treat previous measurements as invalid.
4. Therefore, liberty on the request of learned counsel for the petitioners is granted to the petitioners to approach the Nagpur Improvement Trust (N.I.T.) with new measurement application and if the petitioners approach N.I.T.-respondent no.2, seeking reconsideration of the revocation of the sanction and grant of sanction, the same shall be considered by respondent no. 2, in accordance with law.
5. If any construction is made by any of the parties, the same shall be at the risk of that party.
6. The petition is disposed of as withdrawn.
JUDGE JUDGE
RR Jaiswal
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