ssp 1 WP (L) 1345 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1345 of 2011 Durga Niwas Co-op. Hsg. Society .....Petitioner versus The State of Maharashtra and Ors. ..... Respondents Mr.A.C.Singh i/by MR.Sanjay S. Gawde, for the petitioner Ms.Smita Gaidhani, AGP, for the respondents CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 23rd DECEMBER, 2011. P.C. : 1. Counsel appearing for the petitioner submits that the petitioner-Society will apply afresh for carrying out survey and along with the fresh application, the appropriate proof regarding payment will be submitted with an appropriate Challan. Learned AGP submits that if fresh application is made as per rules and with appropriate new Challan justifying that the payment has been made, fresh decision in connection with the survey on the basis of such application will be taken without delay, if appropriate application is made with necessary Challan and other required documents. 2. The concerned authority of Survey Department of the State may carry out fresh survey without delay by following due procedure of ssp 2 WP (L) 1345 of 2011 law and after receiving such application and if it is found to be in order, the Survey may be carried out within a period of one month from today. In view of what is stated above, counsel appearing for the petitioner seeks permission to withdraw the above petition. Permission to withdraw the petition is granted and the writ petition is disposed of as such. 3. If the petitioner has deposited any amount on the basis of earlier survey and that amount is lying with the Bank, it will be open to the petitioner to request the concerned bank to allow them to withdraw the amount and it is for the concerned bank to take appropriate decision in accordance with law in respect of refund of the amount to the petitioner. ( MRS.MRIDULA BHATKAR, J. ) ( P.B.MAJMUDAR, J. )