(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1311 OF 2011 Shri Vilas s/o. Dhanji Zalte, Aged : 45 years, Occupation : Advocate & Agriculture, R/o. Siddhant Bungalow, RR High School, Gandhi Nagar, Jalgaon, District : Jalgaon, and 2 others. .. Petitioners. versus The State of Maharashtra, Through the Secretary, In the Revenue Department, Mantralaya, Fort, Mumbai-32, and another. .. Respondents. ....................... Mr. V.G. Sakolkar, Advocate, with Mr. A.B. Kale, Advocate, for the petitioners. Mr. S.V. Kurundkar, Additional Government Pleader, for respondent nos.1 and 2. ........................ (2) CORAM : B.P. DHARMADHIKARI, J. DATE : 22ND FEBRUARY 2011 COURT'S ORDER : 1. Heard Adv. Mr. Sakolkar with Adv. Mr. Kale, for the petitioners, and learned AGP Mr. Kurundkar, for the respondents. 2. Learned AGP Mr. Kurundkar has pointed out that as per earlier orders dated 20-12-2010 passed in Writ Petition No. 10689/2010, the petitioners are duty bound first to deposit the amount and till that is done, the impugned order cannot be assailed. 3. In Writ Petition, there is no prayer either seeking exemption from such condition or then for review of that condition. I am, therefore, not inclined to look into the merits of the matter. 4. In view of this, Adv. Mr. Sakolkar seeks leave to withdraw the petition with liberty to file a fresh petition in accordance with law. He also requests the Court to return original annexures / exhibits filed along with the petition, if (3) possible. 5. In view of this, request made by Adv. Mr. Sakolkar is granted. The petition is allowed to be withdrawn with liberty to file a fresh petition. 6. The Registry is directed to return original annexures / exhibits, from page 22 to last page i.e. page no.304 to the petitioners, after the same are replaced by a photostat copy thereof on record. 7. The petition is, thus, allowed to be withdrawn and disposed of, as such. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp1311