1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Petition No.164 of 2004. In Writ Petition NO. 3986 OF 2002. [Sunil Banwarilal Loiya] Vs. [Smt. Sawitridevi Radheshyam Varma and another] __________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders 8548.07 Shri A. A. Naik Advocate H/F Shri S. V. Manohar Advocate for the petitioner. Shri S. S. Doifode AGP for Respondents no.2 & 3. CORAM : A. H. JOSHI, J. DATED : 13/12//2007. 1. Learned Advocate for the petitioner states that in view of the Civil Application No.9199 of 2007 filed by the petitioner, he prays for permission to withdraw, and states that the petitioner shall file application before the Dy. Director of Land Record for the purpose of measuring and furnishing decision on the petitioner's application for measurement, and determination as to whether there is any encroachment on the Nazul land adjoining to House No. N/960-A and N/961 in Kamptee. 2. Learned Advocate for the petitioner states that such application shall be filed at the earliest. 3. In view of the above submission, this Court directs as follows: (a) The petition is allowed to be withdrawn and disposed of, 2 and notice is discharged. (b) If petitioner files application for measurement and identification of encroachment if any on the Nazul land adjoining to the House No.N/160-A and N/161 on the Nazul Land, the inspection and measurement be carried out and completed as expeditiously as possible, and in any case within 90 days from the date of application by the petitioner. (c) Cost of such measurement shall be borne by the petitioner. (d) In so far as the costs of this petition are concerned respective parties shall bear own costs. JUDGE. SBM