1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1128/2009 Kusumtai Prabhakar Wakharkar .. PETITIONER VERSUS The State of Maharashtra and another .. RESPONDENTS .... Shri Hemant Survey,Adv.for petitioner. Shri S.K.Kadam,AGP.for Respondent no.1 Shri S.P.Shah,Adv.for R.2 Shri M.S.Sonawane,Adv.for R.3. .... CORAM : P.V.HARDAS & R.K.DESHPANDE,JJ. DATE : 03/07/2009 ORAL ORDER : Shri H.S.Survey, learned counsel for the petitioner states on instructions that the petitioner may be permitted to withdraw this Writ Petition with liberty to avail alternate remedy available to the petitioner in law under Section 451 of the Bombay Provinces Municipal Corporation Act, 1949 in order to challenge the resolution passed by the respondent no.2 in respect of the allotment of the 10% upen space to respondent no.3. Request is also made by learned counsel for the petitioner that since an interim relief i.e. an order of status quo has been operating since 18/2/2009, the same be continued for a period of 2 three weeks so as to enable the petitioner to obtain necessary orders from the authorities before whom the petitioner seeks to approach. 2. We accordingly dismiss this petition as withdrawn with the aforesaid liberty. We further direct that the order of status quo which has been operating from 18/2/2009 to continue for a period of three weeks only. The authority shall decide the question of further continuation of the order of status quo uninfluenced by the fact that we have continued it for the period of three weeks. Since we are not adjudicating on any of the issues raised in the petition, all issues are kept open. In the circumstances, there will be no order as to costs. [R.K.DESHPANDE] [P.V.HARDAS] JUDGE JUDGE umg/wp1128-09