1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4143 OF 2008 Govind Vishwanath Joshi ..Petitioner. Vs. The State of Maharashtra and others ..Respondents. .... Mr. Pradip R. Kadam with Mr. M.M. Vaidya for the Petitioner. Mrs. S.S. Bhende, AGP for Respondents 1 to 5. .... CORAM: DR. D.Y. CHANDRACHUD, J. 7th July, 2008. P.C. : The Petitioner has already instituted a suit for preemption. Counsel appearing for the Petitioner has stated that though the Additional Commissioner in his order dated 17th January, 2008 has observed that the suit was dismissed, the suit has been remanded back and is now ripe for trial. The ends of justice would be met if permission is granted to the Petitioner to move the Learned Trial Judge for expediting the disposal of the suit and in the event that such an application is filed, the learned Trial Judge may consider it having regard to the exigencies of work. On 2 the request of counsel appearing for the Petitioner, it is clarified that the Petitioner would also be at liberty to move the Collector for action under sub section (3) of Section 9 of the Prevention of Fragmentation and Consolidation Act and in the event that such an application is filed, it shall be dealt with in accordance with law after hearing the concerned parties. The Petition is accordingly disposed of. *****