1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR WRIT PETITION NO.2059 OF 2010 (Shri Munneshwar s/o Raghuvir Prasad Sahu ..vs.. Union of India and others) ------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------ Shri A.S. Kilor, Counsel for the petitioner, Shri N.P. Lambat, Counsel for respondent Nos. 2 to 4, Mrs. N.A. Biala, Counsel for respondent No.6. CORAM:- D.B. BHOSALE AND P. B. VARALE, JJ. DATED :- 18 th JUNE, 2010 1. Heard learned Counsel for the parties. 2. Learned Counsel for the petitioner on instructions prays for withdrawal of this writ petition with liberty to the petitioner to approach the Hon'ble Supreme Court for seeking intervention in Special Leave to Appeal (Civil) Nos. 10742-10743 of 2007 arising from the judgment and order dated 12-04-2007 passed by this Court in Writ Petition No.1819 of 2006 and in NM No.125 of 2007 therein and apply for interim protection of his possession of the stalls on Platform No.2/3 at Nagpur Railway Station. He seeks protection of his possession of these stalls for a period of ten weeks from today to enable him to approach the Hon'ble Supreme Court. He submits that the petitioner is prepared to file undertaking in this Court within a period of two weeks from today stating that he shall vacate 2 and hand over peaceful possession of the stalls to respondent Nos. 2 to 4 on expiry of the period of ten weeks, if he fails to obtain interim order from the Hon'ble Supreme Court seeking protection as aforementioned. 3. Learned Counsel for the respondents have no objection for granting the time as prayed by the petitioner. 4. In the circumstances, we are satisfied that the following order will meet the ends of justice;- i) The Writ Petition is disposed of as withdrawn. ii) It is open to the petitioner to file appropriate application for seeking intervention in the aforementioned appeals pending before the Hon'ble Supreme Court and apply for appropriate interim reliefs therein within a period of ten weeks from today. However, if the petitioner fails to either apply or to obtain interim order within the stipulated time, he shall vacate the stalls in dispute (i.e. stalls on Platform No. 2/3, Nagpur Railway Station) and hand over peaceful possession thereof to respondent Nos. 2 to 4 before expiry of the period of ten weeks. iii) It is also open to the petitioner to adopt any other remedy, as may be available in law, for protecting his possession in respect of the stalls in dispute. iv) The petitioner is also directed to file undertaking in this Court within a period of two weeks from today as aforestated with an advance copy thereof to the learned Counsel for the respondents. 3 v) While passing this order, we shall not be understood to have expressed any opinion on the rights of the parties. JUDGE JUDGE pma