- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4149/2009 Abasaheb Goroba Jadhav & others. ...Petitioners.. Versus The State of Maharashtra & others. ...Respondents... ..... Shri N.L. Jadhav, Advocate for petitioners. Shri S.K. Kadam, AGP for respondents. ..... CORAM: P.V. HARDAS & R.K. DESHPANDE,JJ. DATE: 06.07.2009 PER COURT: Certain benefits came to be conferred on the petitioners by virtue of a Government resolution. The Tribunal had set aside the Government resolution and accordingly a petition came to be filed at Bombay i.e. Writ Petition No. 946/2007. The Division Bench of this Court, which had heard Writ Petition No. - 2 - 946/2007, observed that if the Government considers it in public interest to withdraw the Government resolution, the Government is free to consider that issue and take a final decision thereon. It appears that the Government has now taken a decision and has withdrawn the resolution. The benefits, which were conferred to the petitioners under the said resolution, are now sought to be recovered back. The petitioners have adequate remedies available of challenging the action of the respondents by filing application before the Aurangabad Bench of the Maharashtra Administrative Tribunal. In the light of that, Shri Jadhav, the learned counsel for the petitioners, states on instructions that the petitioners may be permitted to withdraw this petition with liberty to file appropriate applications before the Administrative Tribunal at its Bench at Aurangabad. We accordingly dismiss the petition as withdrawn with the aforesaid liberty. The Tribunal shall take into consideration the period of pendency of this petition from 22.4.2009 till today. (R.K. Deshpande,J.) (P.V. Hardas, J.) ndk/c670923