wp8388.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8388 OF 2009 Vanmala w/o Vishwambar Bagal & others .. PETITIONERS VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. S.S. Jadhavar, advocate for the petitioners. Mr. N.B. Khandare, Govt.Pleader for respondent nos. 1, 6 to 8. Mr. S.G. Sangle, advocate for respondent no. 4. WITH WRIT PETITION NO. 1235 OF 2010 Shivaji s/o Mahadeo Jadhavar & others .. PETITIONERS VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. S.S. Jadhavar, advocate for the petitioners. Mr. N.B. Khandare, Govt.Pleader for respondent nos. 1, 6 to 8. Mr. S.G. Sangle, advocate for respondent nos. 4 and 5. ===== wp8388.09 2 CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 3 rd MARCH, 2011. PER COURT : 1 Heard learned counsel for the parties. 2 Leave to delete prayer clause ‘E’ in Writ Petition no. 1235/2010, at this stage. Amendment to be carried out forthwith. 3 Learned counsel for the petitioners submits that he has instructions not to press prayer clauses ‘B’ in both the writ petitions. 4 Insofar as prayer clause ‘D’ in Writ Petition no. 8388/2009 and prayer clause ‘C’ in Writ Petition no. 1235/2010 are concerned, learned counsel for the petitioner prays for withdrawal of the petitions with liberty to the petitioners to file fresh petitions for these prayers, if the circumstances so demand. Learned counsel for the petitioners does not press the remaining prayers in both the petitions. In the circumstances, we dispose of both these petitions by the following order : . Liberty to the petitioners to file fresh writ petition, wp8388.09 3 insofar as prayer clause ‘D’ in Writ Petition no. 8388/2009 and prayer clause ‘C’ in Writ Petition no. 1235/2010 are concerned, if the circumstances do demand. All the contentions of both the sides insofar as these two prayers are concerned, are kept open. . While granting liberty to the petitioners, we shall not be understood to have examined the merits of the case. . Insofar as remaining prayers, in both the petitions are concerned, they are rejected. . We hope that the concerned authorities while carrying out the measurement shall not damage the standing crop. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb