1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2156 OF 2010 Jaweed Sarfraz Shaikh : Petitioner versus Pune Municipal Corporation and ors. : Respondents. Mr. A V Anturkar i/by Mr. S B Deshmukh for the Petitioner. Mr. A P Kulkarni for Respondent Nos.1 and 2. CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 05th April 2010 P.C. 1. Considering the stand taken in the reply affidavit, the counsel for the Petitioner submits that the Petitioner may be permitted to withdraw this Petition with liberty to take recourse to the appropriate remedy as may be available to the Petitioner and permissible by law. 2. The counsel for the Respondent-Corporation submits that the argument of the Corporation that the proposed remedy to be resorted to by the Petitioner is unavailable may be kept open. We have no difficulty in acceding to this request. 2 3. In the circumstances, this Petition is allowed to be withdrawn with liberty to take recourse to such remedy as may be permissible in law which will have to be decided as expeditiously as possible and in any case not later than three months from the date of its representation before the appropriate authorities, if it is summary proceedings under Section 80 of the Bombay Provincial Municipal Corporations Act, 1949. 4. All questions in the said proceedings available to either parties are kept open to be decided on its own merits in accordance with law. (R M SAVANT, J.) (A M KHANWILKAR, J)