1 1 1 IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1868 OF 2004 WRIT PETITION NO.1868 OF 2004 WRIT PETITION NO.1868 OF 2004 Shivaji Bhimrao Bhoite .. Petitioner Vs. The State of Maharashtra & Ors. .. Respondents. Mr.Suresh M.Sabrad for the petitioner. Mr.A.H.Palekar AGP for the respondents. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 21ST FEBRUARY, 2005 DATED : 21ST FEBRUARY, 2005 DATED : 21ST FEBRUARY, 2005 P.C.: . Heard Mr.Sabrad, learned counsel for the petitioner and Mr.Palekar, learned A.G.P. for the respondents. 2. Mr.Sabrad, learned counsel for the petitioner submits that he has instructions not to press this petition and seek liberty to make fresh application for grant of temporary permit for extraction of sand. The learned A.G.P. has filed reply affidavit opposing this writ petition. Keeping that in view this writ petition is allowed to be withdrawn. It is open for the petitioner to make fresh application. If such application is filed, same may be considered on merits in 2 2 2 accordance with law uninfluenced by the liberty granted by this Court. While granting the liberty I shall not be understood to have expressed any opinion on the merits of the case. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)