{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1432 OF 2009 Vijay Mahadev Mirajkar PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS ....... Mr.A.M.Gaikwad, Advocate for petitioner Mr.V.H.Dighe, AGP for respondent No.1 Mr.A.R.Borulkar, Advocate for respondents No.2 and 3 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 14th September 2009 PER COURT: 1. It appears that Special Leave Petition, which was filed before the Supreme Court by the petitioner, came to be withdrawn by the petitioner on the basis of certain settlement arrived at between the parties, out of Court. 2. The aforesaid Special Leave Petition was withdrawn by the petitioner on 06.02.1995. The respondents, it appears, however have not acted pursuant to the settlement arrived at between the {2} parties, which has impelled the petitioner to file the present petition, seeking issuance of a writ of mandamus directing the respondents to allot alternate land, as agreed by the respondents in their communications dated 27th July 1994 and 8th October 1994. 3. On notice of this petition being issued to the respondents, Mr.Borulkar, learned counsel for respondents, states on instructions that the respondents would honour the commitment made to the petitioner in the proceedings before the Supreme Court, within four weeks from today. We accept the aforesaid statement as an undertaking to the Court. On the basis of the said statement Mr.Gaikwad, learned counsel for the petitioner states on instructions from the petitioner, who is present in the Court, that the petitioner may be permitted to withdraw this petition. We accordingly dismiss this petition as withdrawn on the statement made on behalf of the respondents No.2 and 3. Copy of this order, duly authenticated by Court Shirstedar, be provided to the learned counsel for the respondents to act upon. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp1432-09