1wp-1997-09 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.1997/2009 WITH CIVIL APPLICATION No.3094/2009 Gram Panchayat, Village Top Taluka Hatkanangale through its Authorised Representatives ..Petitioner. vs. The State of Maharashtra and others ..Respondents. Mr G.S.Godbole, Advocate i/b Mr P.M. Arjunwadkar, Advocate for the petitioner. Mr S.R.Nargolkar, A.G.P., for respondent Nos.1 to 4. Mr S.S.Patwardhan, Advocate for Respondent No.5. Ms Preeti Walimbe, Advocate for Respondent No.6. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 25TH JANUARY,2010 P.C.:- 1. The learned counsel for the petitioner seeks leave of this Court to withdraw this petition with liberty to file a civil suit claiming the same reliefs which are claimed in this petition. The learned counsel states that already a 2wp-1997-09 civil suit was filed being R.C.S.No. 567/2007 which is pending before the Civil Judge, Senior Division,Kolhapur. He states that the petitioner will withdraw that civil suit with leave to file a fresh suit on the same cause of action and then file a fresh civil suit. 2. The petition is permitted to be withdrawn. The respondent-Corporation shall not use the land which is the subject matter of this petition as land fill site for a period of 12 weeks from today.Though the Corporation is at liberty to take other steps only actual use of the land for land fill site shall not be made for a period of 12 weeks from today. It is made clear that we are making this interim arrangement without prejudice to the rights and contentions of both parties to the petition and that the civil court, which will be moved by the petitioner, shall consider the application that may be filed by the petitioner for any interim relief without getting influenced by this continuation of the interim order either for or against the petitioner. Petition is disposed of. Civil application is disposed of. (D.K. DESHMUKH,J) (A.R.JOSHI,J)