1 wp3233.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3233 OF 2011 Gram Panchayat, Vanpuri & Ors. : Petitioners V/s. State of Maharashtra & Ors. : Respondents ... Mr.A.V.Anturkar i/b. Mr.Sugandh B. Deshmukh for the petitioners. Mr.S.K.Shinde, Addl. Govt. Pleader for respondent nos.1 & 2. Mr.Shriram S. Kulkarni for respondent no.3. ... CORAM : D.D. SINHA & A.R.JOSHI, JJ. DATE : AUGUST 04, 2011. P.C.: Heard the learned counsel for the petitioners and the learned counsel for the respective respondents. 2. The learned counsel for the petitioners has submitted that the petitioners are aggrieved by the order passed by the respondent no.2 dated 24.2.2009 whereby the land bearing gat no.195, admeasuring 7 hectares and 37 ares (part), situate at village Kumbhar Valan, taluka Purandar, Dist. Pune, allotted to the respondent no.3 Municipal Council for the 2 wp3233.11 purpose of providing Solid Waste Management Processing Unit. The learned counsel has submitted that the decision of the respondent no.2 dated 24.2.2009 has been challenged on various grounds, including the composition of the Committee. However, at the outset, the learned Addl. Govt. Pleader, on the basis of instructions received from the competent authority, has made a statement before us that a Committee, as per the Government Resolution dated 26.8.2003, shall be constituted and the petitioners shall be given liberty to file a fresh objection which will be decided within a period of one month by giving hearing to the petitioner no.4, in accordance with law and procedure applicable in this regard. 3. In view of this statement made by the learned Addl. Govt. Pleader, the counsel for the petitioners seeks permission to withdraw the present petition and prays that the issues raised in the petition may kindly be kept open. At this stage, the learned Addl. Govt. Pleader has submitted that the concession which is extended to the petitioners Gram Panchayats is because of the peculiar and exceptional circumstances involved in the present Writ Petition and, therefore, this should not be treated as a precedent. 4. Be that as it may, since the learned Addl. Govt. Pleader has made 3 wp3233.11 a categorical statement that the petitioners will be permitted to submit an objection in respect of the site in question selected for constructing Solid Waste Management Processing Unit which will be decided by the Committee which will be constituted as per the Government Resolution, within a period of one month by giving hearing to the petitioner no.4, we dispose of the petition as withdrawn, by keeping the issues and all contentions and grounds raised by the parties in the petition open. Counsel for the petitioners undertakes to file an objection within a period of one week from today. The learned Addl. Govt. Pleader assures this Court that a decision will be taken on the same within a period of three weeks thereafter. Order accordingly. (D. D. SINHA, J.) (A.R. JOSHI, J.)