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2023 DAILYLAW 2889 (BOM)

AMOL S/O PURUSHOTTAM PATIL AND OTHERS v. RASUL B. ABDUL RAFIQ AND OTHERS

WP/8004/2023 · 2026-08-18

body2023

Judgment text

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(1) 4 wp 8004-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 8004 OF 2023 Amol S/o Purushottam Patil And Others VERSUS Smt. Rasul B. Abdul Rafiq And Others -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Mr. P.V. Vaidya, Advocate for petitioners Mr. V.S. Mishra, Advocate for respondent No.1 Ms A.A. Pande, Advocate for respondent Nos. 3 & 5 Ms M.R. Kavimandan, AGP for respondent/State CORAM : NANDESH S. DESHPANDE, J. DATED : 18.08.2026 Mr. Vaidya, learned Counsel for the petitioners, on instructions, seeks permission to withdraw the present petition with liberty to avail appropriate remedy. The Writ Petition is disposed of as withdrawn with liberty as prayed for. 2. It is hereby clarified that, since the petitioner was diligently prosecuting the present petition, any alternate statutory remedy as and if availed by the petitioner, the concerned authority would take into consideration the said fact and pass an appropriate order on the delay application, if any. 3. The Writ Petition is disposed. (2) 4 wp 8004-2023 4. Mr. Vaidya, learned Counsel for the petitioners draws my attention to an interim order dated 04.12.2023, by which, by way of an ad-interim relief, the proceedings before the Sub-Divisional Officer were stayed. Mr. Vaidya submits that the said interim order be continued so as to enable the petitioners to avail the appropriate legal remedy. 5. Mr. Mishra, learned Counsel appearing for the respondent No. 1, vehemently opposes this request. However, looking to the fact that the interim order has been in operation since 04.12.2023, the said interim order is extended till 30.08.2026, after the expiry of which, the same shall stand automatically vacated. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 19/08/2026 10:31:11