1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3770 OF 2009 Rajendra s/o Keshavrao Bhavsar Petitioner Versus The State of Maharashtra & others Respondents Mr.V.B.Patil, advocate for the petitioner. Mr. K.M.Suryawanshi, A.G.P. for Respondents No.1 to 4. Mr.Girish Rane, advocate for Respondents No.5A to 5G. Mr.S..B.Yawalkar, advocate for Respondents No.6 to 8. CORAM: R.M.BORDE, J. DATE : 5th May, 2010. P.C.: 1 It is pointed out by learned Counsel for petitioner that against the impugned action, separate Revision Application is already tendered and is pending before Divisional Commissioner, Nasik Division, Nasik. The subject matter of challenge raised in the instant petition is sale deed, which is also subject matter of challenge before the Revisional Authority. The questions raised in the petition, thus, are also raised before Revisional Authority. 2 In this view of the matter, Revisional Authority is required to decide all the questions, those are raised in the Revision Application, subject to contentions, those would be raised by respective parties to the litigation. In view of pendency of Revision Application before Divisional Commissioner, learned Counsel appearing for petitioner seeks leave to withdraw the petition 2 with liberty to prosecute pending Revision Application before appropriate forum. Petitioner also shall have liberty to raise challenge to the subsequent order, if any, by presenting proceedings before the appropriate forum. 3 It is also pointed out that execution petition is pending before the executing court and Respondents herein have also presented objections in the pending execution petition. It would be open for the executing Court to proceed further with the matter in execution and consider the questions raised in the execution petition including objections tendered by Respondents herein. 4 Hence, leave is granted. Writ Petition is allowed to be withdrawn and disposed of as such with liberty as aforesaid. (R.M.BORDE) JUDGE ******* adb/wp377009