- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3088 OF 2006 ... Maharashtra State Road Development Corporation (LTD) Mumbai ...Petitioner v/s. Shri Bhika Raghu Bombale & ors. ...Respondents ... Mr.R.G.Ketkar for the Petitioner. Mr.V.B.Nighot for Respondent No.1. Mr.S.R.Nargolkar, AGP for State. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 29TH JULY, 2008 P.C.: Learned Counsel for the parties are agreed that for disposing of the petition in following terms no reasons are required to be recorded. (i) The order dated 18-3-2006 impugned in the petition is set aside. (ii) The application of the Respondent No.1 on which the order impugned in the petition was passed is remitted back to the Divisional - 2 - Commissioner, Pune for denovo consideration and decision in accordance with law; (iii) The learned Counsel appearing for the Respondent No.1 has stated that the Respondent No.1 proposes to file an appeal against the order taking entry in the revenue record in relation to the land which is the subject matter of the petition. Therefore, in case the request is made before the Commissioner that the application should be decided after appeal against the mutation entry is decided, the Commissioner shall consider that request in accordance with law. (iv) During the pendency of the application before the Commissioner, the Petitioner shall free to use the land for any public purpose, however, no third party interest will be created in the land. (v) Petition disposed of. Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) - 3 - (J.P.DEVADHAR, J.)