IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 438 OF 2005 ANTONIO SILVANO DE ASSUMPSAO FERNANDES AND ANR., ... Petitioners Versus STATE OF GOA BY ITS SECRETARY(REVENUE) AND 2 ORS., ... Respondents Shri A. F. Diniz,Advocate for the petitioners. Mr. S. S. Kantak, Advocate General with Mr.A. Kamat, Additional Government Advocate for the respondent Nos. 1 and 2. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. H. D. Naik, Advocate for the respondent No.3. Coram:- B.P.DHARMADHIKARI & U. D. SALVI, JJ. Date:- 8th April, 2009 P.C. The matter was heard on 06.04.2009 for some time and was adjourned to enable to learned Counsel for the petitioners to obtain further instructions. Today, the petitioners have filed a pursis that it should be permitted to withdraw the petition with liberty to take appropriate proceedings if the occasion therefor, arises. 2. However, in first para of the pursis, the petitioners have made some statements and, therefor, the respondent No.3 has filed an affidavit to counter the same. 3. In view of the fact that the petition was for removing the encroachment and the respondent No.3 has now stated that they are acquiring the land of the petitioners, we permit the petitioners to withdraw the present petition with liberty to take appropriate proceedings if the occasion therefor, arises. 4. It is made clear that we have not applied our mind to the dispute, if any, arising from the first para of the pursis and the counter affidavit filed thereto by the respondent No.3. 5. The writ petition is disposed of. Rule is discharged. No order as to costs. B.P.DHARMADHIKARI, J. U. D. SALVI, J. SMA