- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 5566 OF 2009 Maruti Genu Argade & ors. ..Petitioners Vs. The State of Maharashtra & Ors. ..Respondents Mr. Sanjeev P. Kadam, for the Petitioners. Mr. V. S. Gokhale, AGP for the Respondent Nos. 1 to 4. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : FEBRUARY 4, 2010. P.C. : 1. Heard the learned counsel for petitioners and learned AGP for respondent Nos. 1 to 4. The counsel for the petitioners states that the respondent in paragraph 5 of the affidavit has made following statements, which reads thus- “I state that on 10-5-2000, the petitioners have preferred an application to the Commissioner, Pune Division Pune u/s 48(1) of the Land Acquisition Act to delete their land from acquisition. I state that the Commissioner had passed an order on the aforesaid application on 03/12/2008 which the petitioner has annexed as “Exhibit-K” at page-66 to the - 2 - Petition. In the aforesaid order, the Commissioner had state that he cannot exercise his rights u/s 48(1) of the Land Acquisition Act to delete the land bearing Survey No. 2071 as the possession is already obtained by the Government and the award is passed. However, in respect of Survey No. 1141 and No. 2278 he has directed the Resettlement Officer to examine the case and to submit his report to him. I state that the Commissioner will decide the application preferred by the Petitioners have deletion of land in respect of Survey No.1141 and 2278 after receipt of the report from the District Resettlement Officer and will pass an appropriate order in this behalf.” . In view of the above statement of the respondent, the learned counsel for the petitioner seeks to withdraw the writ petition with liberty to take appropriate steps, if the decision is adverse to the petitioners in respect of land Survey No. 1141 as well as Survey No. 2278 of village Kalus, taluka Khed, District Pune. In the circumstances, the writ petition is disposed of as withdrawn, with liberty as prayed. Sd/- [D. D. SINHA, J.] Sd/- [ A. A. SAYED, J.]