1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3628 OF 2006 The Aurangabad Ginning Pressing Factory .. .. Petitioner Versus 1. Municipal Corporation, Aurangabad and others .. .. Respondents Shri P. N. Sonpethkar, Advocate for the Petitioner. Shri S. N. Pagare, Advocate for the Respondent No. 1. Shri S. K. Kadam, A.G.P. for the Respondent No. 2. Shri K. C. Sant, Advocate for the Respondent No. 3C. CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE : 10TH FEBRUARY, 2010. ORAL ORDER [ PER A. P. DESHPANDE, J. ] : 01. The main grievance of the present petitioner is that a dispute between plaintiff and defendants in regard to possession of suit property though finally decided in favour of petitioner/plaintiff, the Corporation is illegally recognizing the defendant who has lost 2 in the suit and had granted permission to construct on the suit property. On notice being issued the contesting party, so also Corporation have put in appearance. The execution of the decree is pending before the Civil Court. 02. The learned counsel for the Corporation has invited our attention to an order dated 14th August, 2006, whereby, the Commissioner had revoked the permission to construct, granted in favour of the respondent No. 3. Learned counsel for the Corporation on instructions from the officer who is present in the Court by name Shri Vasant Marutirao Nikam, Deputy Engineer, Town Planning makes statement that the Corporation is not reconsidering its decision contained in communication dated 14th August, 2006. Learned counsel for the respondent No. 3 objects to the statement made by the learned counsel for the Corporation and despite the said objection, learned counsel for the petitioner seeks permission to withdraw the petition. Permission granted. Writ petition is disposed of as withdrawn. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Feb. 2010