1 WP NO.8342/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 3. WP/8342/2010 MACHINDRA DAGADU NIKAM [Civil] V/S THE STATE OF MAHARASHTRA AND ORS ------------------------------------------------------------------ Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. N.V.Gaware, Adv., for the petitioner. Mr. Sandeep S.Deshmukh, Adv., for respondent nos. 4 and 5. Mr. K.J.Ghute Patil, AGP for respondent State. Mr.V.B.Anjanwatikar, Adv., h/f Mr. V.D.Hon, Adv., for Respondent No.13. ... CORAM: K.U.CHANDIWAL, J. DATE:NOVEMBER 15th, 2011 1. Heard. 2. The orders of learned Collector dt. 21st Jan.,2010, permitting transfer of rights of tribals to non tribals by virtue of Section 36 and Section 36-A of Maharashtra Land Revenue Code, 1966, is questioned. The orders of the learned Collector are preceded by a communication of the State Government dt.16th July, 2009. 3. Learned Counsel for the writ petitioner is permitted to withdraw the writ petition, to take appropriate 2 WP NO.8342/2010 remedies before the appellate authority, challenging the order dt.21st Jan.,2010. All points between the parties as to legality of the order dt.21.1.2010 or whether there could be an approval by the order dt.16th July, 2009, are left open, to be addressed before the forum. Needless to indicate, the time spent by the writ petitioner in prosecuting the case either before this Court or any other authority would be excluded before the appellate authority by making an application to excuse the delay, if any. With the above observations, the writ petition is permitted to be withdrawn, disposed of. 4. Heard. Upto 30th Nov.,2011, the respondents shall not alienate the disputed property. (K.U.CHANDIWAL) JUDGE ... AGP/8342-10wp