1 68 fa.990.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 990 OF 2010 Roger Francis Nunes. ... Appellant Versus State of Maharashtra. ... Respondent ----- Mr. P.K.Dhakephalkar, Senior Counsel, i/b Mr. Amol P. Mhatre for the Appellant. Mr. A.R.Patil, AGP for the Respondent/ State. ----- CORAM : A.S.OKA, J. DATE : 15 th July, 2011. P.C. 1 Heard the learned senior counsel appearing for the Appellant and the learned AGP appearing for the Respondent/ State. 2 The learned senior counsel appearing for the Appellant seeks permission to withdraw this appeal with liberty to apply to the State Government for allotment of the suit land. He submitted that the long standing possession of the Appellant has been established and therefore, the protection granted earlier may be continued for a a reasonable time to 2 68 fa.990.10 enable the Appellant to apply to the appropriate authority of the State Government. 3 Hence, I pass the following order: i. The appeal is dismissed as withdrawn ; ii. The Appellant will be entitled to refund of Court- fees as per the Rules ; iii. Notwithstanding the dismissal of the appeal, it will be open for the Appellant to make an application to the appropriate officer/ Authority of the Respondent for grant/ allotment of the suit land on appropriate terms and conditions ; iv. If such an application is made within a period of four weeks from today, the Respondent shall decide the same on its own merits within a period of three months from today of filing of the said application ; v. Order passed on the said application shall be communicated to the Appellant within a period of one week from the date of passing of the order ; vi. If such application is made within a period of four weeks from today, the parties shall maintain status- quo as of today, in respect of the suit land till the 3 68 fa.990.10 disposal of the said application. If the said application is rejected, the protection will continue to operate for a period of six weeks from the date on which the order is communicated to the Appellant ; vii. It is made clear that if application for regularization is not made within the stipulated time, the protection will not apply ; and viii. Civil Application No.2749 of 2010 and Civil Application No.626 of 2011 do not survive and the same are disposed of. [ A.S.OKA, J ]