(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 523 OF 2011 Ahmad Mohiyoddin s/o. Mohd. Khairoddin, Age : 75 years, Occupation : Agriculture, R/o. Barbhai Galli, Ambejogai, .. Petitioner Taluka : Ambejogai, (Original plaintiff) District : Beed. versus The State of Maharashtra, Through the State Minister, Revenue & Forest Department, Mantralaya, Mumbai-32, and others. .. Respondents. ....................... Mrs. M.A. Kulkarni, Advocate, for the petitioner. Mrs. V.A. Shinde, Assistant Government Pleader, for respondent nos.1 to 3. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 24TH JANUARY 2011 (2) COURT'S ORDER : 1. Heard learned Counsel for the petitioner and the learned Assistant Government Pleader appearing for respondent nos.1 to 3. 2. The order impugned is passed in the year 2005. Mrs. M.A. Kulkarni, learned Counsel appearing for the petitioner, has invited attention to paragraph 6 of the Writ Petition. However, that paragraph explains delay (if any) only till 2008. The petition has been filed more than two years thereafter. During the course of arguments, the learned Counsel appearing for the petitioner states that challenging the judgment and decree in the Regular Civil Appeal, Second Appeal was filed before this Court and that Second Appeal has been dismissed in November or December 2010. Thereafter, present Writ Petition has been filed. 3. The fact of filing Second Appeal or then its dismissal is not pleaded anywhere in the petition. The learned Counsel appearing for the petitioner states that the petitioner should be permitted to amend his petition to place that fact on record or then, petition should be allowed to be withdrawn with liberty to file fresh petition explaining delay and laches in the matter. Mrs. V.A. Shinde, learned Assistant Government Pleader appearing (3) for respondent nos.1 to 3, opposes the prayer. 4. However, since the learned Counsel appearing for the petitioner states that she herself had handled the previous Second Appeal, the petition is allowed to be withdrawn with liberty to file a fresh in accordance with law. Hence, the petition is disposed of, as withdrawn, with liberty as indicated above. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp523