1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL 282 OF 2008 (Gopal Radhakisan Kesarwani through LRs Sanjaykumar & Ors. vs. NIT & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 19, 2009. Heard Shri Deshpande, learned counsel for the appellants and Shri Chhabra, learned counsel for respondent No.1. After noticing that the part of the plot of the present appellant was acquired for road widening, this Court had called upon NIT to point out that map (Exh. 73) was considered by it. Today Shri Chhabra, learned counsel states that the map was submitted on 21.7.1993 and was rejected on 2.11.1993. He further states that the provisions for deemed sanction are, therefore, not applicable. However, during hearing Shri Deshpande, learned counsel has pointed out that on 11.3.2002, the area in which the structure in question is situated, has been handed over to Nagpur Municipal Corporation. Upon instructions Shri Chhabra, learned 2 counsel states that the respondent NIT is not taking any action in the matter and it is for the Nagpur Municipal Corporation to find out whether any action is necessary or not. In these circumstances, Shri Deshpande, learned counsel for the appellants seeks permission to withdraw Second Appeal in view of the statement made and he seeks liberty to approach Nagpur Municipal Corporation to point out to it that construction is neither illegal nor unauthorized, if occasion arises. Accordingly, Second Appeal is allowed to be withdrawn with liberty as sought for. JUDGE *GS.