VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION No. 1576 OF 2008 Manaji Laxman Gade Petitioner Vs. The State of Maharashtra & Ors. Respondents Mr. A. M. Sarogi, for the Petitioner. Mr. N. P. Pandit, AGP, for the Respondent Nos. 1 to 3. Mr. Vishal Ghosalkar, for the Respondent No.4. CORAM : F.I. REBELLO, & A. A. KUMBHAKONI, J. DATE : SEPTEMBER 30, 2008. PC :- 1. The order of eviction has been passed which is reflected in the order of ths Court, dated 3rd June, 2008 passed in Writ Petition No. 3463 of 2008. Pursuant to the said order of eviction, the petitioner has to vacate the suit premises. 2. As the petitioner in the present petition has not challenged that order of eviction, this second petition is not maintainable. 3. The learned counsel appearing on behalf of the - 2 - petitioner, on account of this formal defect, seeks leave to withdraw the petition, with liberty to avail the remedy, that may be available to the petitioner under the law and also any other claim which the petitioner is entitled to. The petition is dismissed as withdrawn, with liberty as prayed for. Sd/- [ F.I. REBELLO, J.] Sd/- [ A. A. KUMBHAKONI, J.]