Writ petition withdrawn by petitioners following release of impugned property by Enforcement Directorate. High Court dismissed petition and disposed of interim application.
Writ petition dismissed as withdrawn with liberty to take appropriate legal recourse; interim application disposed of.
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14-WP-5539-2013
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5539 OF 2013 WITH INTERIM APPLICATION NO. 7961 OF 2023
Eversmile Construction Co. Pvt. Ltd. & Anr. .. Petitioners
Versus
The State of Maharashtra & Ors.
.. Respondents
Ms. Rujuta Patil, Mr. Hasan Mushabber i/by Negandhi Shah & Himayatullah for petitioners.
Mr. O. A. Chandurkar, Addl. Govt. Pleader a/w Mrs. R. A. Salunkhe, AGP for respondent nos.1 and 2.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.
DATE: 11th DECEMBER, 2023
P.C.:
1. Heard Ms. Rujuta Patil, learned counsel representing the petitioners and Mr. O. A. Chandurkar, learned Addl. Government Pleader representing the respondent nos.1 and 2.
2. The learned counsel for the petitioners has brought to our notice a letter dated 1st December, 2023 by the Assistant Director, Directorate of Enforcement, Government of India, addressed to the Collector, Pune, whereby it has been informed that the property, which is the subject matter of this writ petition, has now been released by the Directorate pursuant to an order passed by the Hon’ble Delhi High Court,
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14-WP-5539-2013
dated 20th September, 2023, in Crl. M. A. No. 8235 of 2021. The learned counsel for the petitioners has also stated that in view of the release of the property, the petitioners have written letter on 4th December, 2023 to the Divisional Commissioner, Pune, requesting him to grant approval for the draft Deed of Cancellation/Conveyance. She, thus, submits that petitioners may be permitted to withdraw the writ petition with liberty to take appropriate legal recourse, which may be available to the petitioners, in case the Divisional Commissioner/Collector do not act upon the prayer made by the petitioners for approval of Deed of Cancellation/Conveyance.
3. The letter of the Enforcement Directorate dated 1st December, 2023 and letter dated 4th December, 2023 written by the petitioners to the Divisional Commissioner, Pune are taken on record.
4. In view of the above, writ petition is dismissed as withdrawn with the liberty as prayed for.
5. Interim Application does not survive and stands disposed of accordingly.
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
PRAVIN DASHARATH PANDIT
Digitally signed by PRAVIN DASHARATH PANDIT Date: 2023.12.11 14:51:55 +0530
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Eversmile Construction Co. Pvt. Ltd. & Anr.
The State of Maharashtra & Ors.
DEVENDRA KUMAR UPADHYAYA
ARIF S. DOCTOR
As recorded by the court registry
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