1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4393 OF 2009 Nirmalabai Kapurchand Barode, R/o-Wadod Chata, Tq-Sillod, Dist-Aurangabad. ...PETITIONER. VERSUS The State of Mahrashtra Through its Secretary, Rural Development Department, Mantralaya, Mumbai-32. ...RESPONDENTS. ... Mr.A.G. Talhar Advocate for Petitioner. Mr.N.H. Borade A.G.P. for Respondent No.1. Mr.S.T. Shelke Advocate for Respondent No.2. ... CORAM: K.K. TATED, J. DATE : 27TH AUGUST, 2009. PER COURT : 1. Present Writ Petition preferred under Article 226 and 227 of the Constitution of India challenging the order/ directions of the returning officer in accepting 2 the nomination form of Respondent No.3 in the absence of caste validity certificate. Learned counsel for Respondent No.2 pointed out that alternate remedy by way of appeal is available to the Petitioner under Section 33 (5) of the Bombay Village Panchayat Act, 1958. Learned counsel for the Petitioner seeks leave to withdraw the present Writ Petition with liberty to take out appropriate proceedings as provided under the Bombay Village Panchayat Act, 1958. Leave granted. Writ Petition is disposed of as withdrawn with liberty to take out appropriate proceedings. The concerned authority will consider the application for condonation of delay, if filed by the Petitioner, considering the facts that Writ Petition filed in this Court on 5th May, 2009. Writ Petition is disposed of. [K.K. TATED, J.] asb/AUG09/wp4393.09