The High Court allowed the withdrawal of a writ petition regarding police possession of the petitioner's inherited premises. The petition was dismissed as withdrawn since the property had been handed over to the petitioner.
Leave granted to withdraw the writ petition; petition dismissed as withdrawn; intervention application rejected.
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VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT Petition No. 986 OF 2008
Sharayu Sharad MayekarPetitioner
Vs.
The State of Maharashtra & Ors.Respondents
Mr. P. M. Shah i/b Ms. Sonia Miskin, for the
Petitioner.
Mrs. A. S. Pai, APP for the Respondent-State.
Mr. N. P. Bhavsar, for intervener.
CORAM : BILAL NAZKI, &
A. A. KUMBHAKONI, J.
DATE : AUGUST 4, 2008.
PC :-
1.The grievance of the petitioner was that the
police without any authority of law had taken over
possession of the premises in issue which belonged to
her deceased brother and she is the legal heir of her
deceased brother and she had obtained the letters of
administration. The counsel for the petitioner now
submits that since the property in issue has been
handed over to her by the concerned police, no
grievance survives, he therefore, seeks leave to
withdraw the writ petition. Leave is granted and
accordingly the petition is dismissed as withdrawn.
- 2 -
2.We have not decided the entitlement of any
person to the suit premises in this petition.
Therefore, any observation made hereinabove, will not
bind in any proceeding for any interested person, with
regard to ownership of the property.
3.Since the petition itself being withdrawn by
the petitioner, the request of the alleged widow of
the brother of the petitioner for intervention, also
does not survive, and is accordingly rejected.
4.Any party before us or any third party
interested in the property in issue, may take the
remedy, that may be available in law, if they so
desire.
Sharayu Sharad Mayekar
The State of Maharashtra
Bilal Nazki
A. A. Kumbhakkoni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court