- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3220/2009 Mangesh Baliram Bobde. ...Petitioner.. Versus The Director, College & University Development Board, S.R.T.M. University, Nanded & others. ...Respondents... ..... Shri S.R. Barlinge, Advocate for petitioner. Shri N.B. Khandare, Government Pleader, for the State- respondent no.6. Shri S.S. Halkude, Advocate for respondent no.4. ..... CORAM: P.V. HARDAS & R.K. DESHPANDE,JJ. DATE: 06.07.2009 PER COURT: Shri S.R. Barlinge, learned counsel for the petitioner states, on instructions from the petitioner, that the petitioner may be permitted to withdraw this petition with liberty to file an appeal challenging his order of - 2 - termination before the forum provided under the Maharashtra Universities Act. It is also stated before us that the charge of the appellate forum is now entrusted to the Presiding Officer, College Tribunal at Pune. It appears that the learned Vacation Judge of this Court, by his order dated 29.5.2009, had observed that the intermittent development, such as, filling of vacancy, would not come in the way of the petitioner in seeking orders on merits. We, therefore, permit the petitioner to withdraw this writ petition with liberty to avail alternative remedy of appeal available to the petitioner. The authorities shall take into consideration the period of pendency of this petition from 28.4.2009 till today. We further reiterate the order of the learned Single Judge by holding that any intermittent development, such as, filling of the vacancy, would not come in the way of the petitioner in seeking orders on merits. The petition is accordingly dismissed as withdrawn with aforesaid liberty. (R.K. Deshpande,J.) (P.V. Hardas, J.) ndk/c670936