1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL WRIT PETITION NO.: 598 OF 2010 *** Taj Mohammad S/o Sagu Patel Versus The State of Maharashtra and others *** 1. We have heard learned counsel Mr. S.S.Kazi for the Petitioner and learned A.P.P. Mr. Shaikh for Respondent Nos.1 to 4. 2. Rule, made returnable forthwith, heard finally by consent of parties. 3. Learned A.P.P. Mr. Shaikh makes available compilation of some documents. It is marked by letter “X” for identification and taken on record. Copy is served to learned counsel Mr. Kazi for the Petitioner. 4. Following is the prayer made in this writ petition by the Petitioner: “B) The impugned proclamation dated 21/06/2010 bearing outward No. 2010/JAMABADI/ INAM issued by the Tahsildar, Khultabad in respect of Service Inam Land Gut No.246 be quashed and set aside.” 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. Prayer clause B) is the main/ principal prayer made by the Petitioner in this writ petition which is filed on 25th June, 2010. In response to our notice affidavit in reply, on behalf of Respondent No.2 is filed. It is affirmed by Smt. Chhaya W/o Vishnu Pawar, working as Incharge Tahsildar, Khultabad, district Aurangabad, affirmed on 9th of July, 2010. Thereafter, rejoinder was filed on behalf of the Petitioner, sworn in by Mr. Taj Mohammad S/o Sagu Patel, the petitioner herein. This appears to have been affirmed by the Petitioner on 16th of July, 2010. On behalf of Respondent No.2 additional affidavit in reply to the rejoinder is filed. It is affirmed by Smt. Chhaya W/o Vishnu Pawar, Incharge Tahsildar, Khultabad, district Aurangabad. It appears to have been affirmed on 19th July, 2010. Learned A.P.P. Mr. Shaikh points out para 3 of this additional affidavit in reply. In this para 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3, statement is made by the affiant Incharge Tahsildar: “I further say and submit that, considering the facts and circumstances of the case, the impugned proclamation dt. 21.6.2010 had some technical defects, further the date of impugned proclamation dt. 21.6.2010 has been expired. Hence, considering all these facts and aspect, the respondent authorities are withdrawing the impugned proclamation dt. 21.6.2010 in respect of Inam Land Gut No.246. Hence, present petition become infructuous, therefore, the same may kindly be disposed.” 6. We have noticed that interim order was passed by this Court on 29th June, 2010 after hearing counsel appearing for the Petitioner and learned A.P.P. 7. In view of the additional affidavit to rejoinder affirmed by Smt.Chhaya W/o Vishnu Pawar, Incharge Tahsildar, in our view, this 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. petition has become infructuous. Writ petition stands disposed of as infructuous. No costs. 8. Mr. Kazi, learned counsel for the Petitioner points out Annexure R/4, page 91, copy of the order dated 24th June, 2010 passed by the Sub Divisional Magistrate, Vaijapur. He, on instructions, makes a statement that present Petitioner along with others, has challenged the said order independently. We make it clear that we have not entered into the merits of the order dated 24th June, 2010 passed by the Sub Divisional Magistrate, Vaijapur, district Aurangabad. [S. S. SHINDE, J.] [S.B.DESHMUKH, J.] Dated:26/07/2010. ans/598