1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4168 OF 2009 Utkarsh Co.op.Housing Society Ltd., Nakshatrawadi, Aurangabad PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS Mr.F.R.Tandale, learned counsel for the petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 to 3. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 04/09/2009 PER COURT : 1. This is a petition under Article 226 of The Constitution of India by which the petitioner prays for issuance of a writ directing respondent no.3 to grant non agricultural permission/issue necessary Sanad as per the provisions of the Maharashtra Land Revenue Code 1966 in respect of land gat no.5, situated at Nakshatrawadi, Aurangabad as per the proposals submitted by the petitioner society. 2. Learned AGP appearing on behalf of respondents states on instructions that on the petitioner submitting the final approved lay- 2 out plan from the competent authority, the respondents would decide the question of grant of non-agricultural permission and pass necessary orders within 2 weeks. We accept the aforesaid statement as an undertaking to the Court. Shri.Tandale, learned counsel for the petitioner states that the petitioner would be submitting the final approved lay-out plan. In the light of the statement made by learned AGP, Shri.Tandale, learned counsel for the petitioner seeks to withdraw this petition. This petition is accordingly dismissed as withdrawn accepting the statement made on behalf of respondents with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp4168-09 3