1 wp2266.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2266 OF 2010 Gocul Gas Private Ltd. & Ors. ..Petitioners Vs. Hindustan Petroleum Corporation Ltd. & Ors. .. Respondents Dr. Veerendra Tulzapurkar Senior Advocate with Mr. Nikhil Sakhardande, Mr. Ameya Gokhale, Ms Priyambada Mishra i/by Khaitan & Co. for the Petitioners. Mr. M.D. Siodia with Ms. Chhaya Asher & Nikhil Agarwal i/by Rustamji & Ginwala for Respondent No.1. Mr. Jal Andhyarujana and Mr. G. Hariharan i/by Dr. T.C. Kaushik for Respondent No.3 -Union of India. CORAM : P.B. MAJMUDAR AND A.A. SAYED, JJ. DATE : 17TH FEBRUARY, 2011. P.C. 1. Since this petition is filed at the stage when the Estate Officer has issued notices to the petitioners on 20th July, 2009 under section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, learned Counsel for the petitioners after taking instructions from his clients states that with a view to raise all the points taken in this petition before the Estate 2 wp2266.10.sxw Officer he is not pressing this petition at this stage. 2. Since the learned Counsel for the petitioners wants to withdraw the petition, the petitioners are allowed to withdraw the petition. The Estate Officer shall decide the matter in accordance with law at the time of adjudicating the matter. If the petitioners have any grievance thereafter they can challenge the order of Estate Officer. It will be open for the petitioners to raise all the points available in the further proceeding which the petitioners may initiate against the order of Estate Officer. 3. It is made clear that all the points are kept open which are raised in this petition which can be raised before the Estate Officer as per the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. It is needless to say that the Estate Officer shall decide the entire matter on merits including the question of jurisdiction. Subject to what is stated above the petition is disposed of. ( A.A. SAYED, J. ) (P.B. MAJMUDAR, J.)