1 mss WP630 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 630 OF 1998 SMT. PUSHPABEN D. SHAH .. PETITIONER Vs. STATE OF MAHARASHTRA & ORS. .. RESPONDENTS Ms. Shilpa S. i/b L. C. Tolat for the petitioner Mr. Prashant G. Karande for R-1. CORAM: SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED : 29/6/2011 P.C.: In this writ petition filed under Article 226 of the Constitution of India the petitioner has challenged vires of the Bombay Rents, Hotel & Lodging House Rates Control the Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997) (for convenience “Mah. Act No. XVI of 1997”). Our attention is drawn to the order of the Supreme Court dated 29/7/2003 in Civil Appeal No. 5168 of 1998 (Welfare Asocn., A.R.P., Maharashtra & Anr. vs. Ranjit P. Gohil & Ors.) along with the companion appeals. Relevant portion of the 2 mss WP630 order may be quoted: “All the learned counsel for the different parties appearing in these matters submit that the question of vires having been decided, the matters may be sent back to the High Court so that the issues other than the question of vires can be taken into consideration by the High Court and individual writ petitions disposed of.” 2. There is no dispute about the fact that the Supreme Court has upheld the constitutional validity of the Mah. Act No. XVI of 1997. There is also no dispute about the fact that apart from challenging the vires of Mah. Act No. XVI of 1997, no other contentions are raised in this petition challenging the impugned order. 3. In view of the fact that vires of the Mah. Act No. XVI of 1997 have been upheld by the Supreme Court and in view of the above quoted order of the Supreme Court, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to file appropriate proceeding to challenge the impugned order. In the circumstances, the petition is allowed to be withdrawn with liberty as prayed. Needless to say that the petitioner will be 3 mss WP630 at liberty to raise all contentions except the contentions as regards vires of the Mah. Act No. XVI of 1997. (SMT. RANJANA DESAI, J.) (RANJIT MORE, J.)