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Petition dismissed after Nashik dargah withdraws it from the Supreme Court

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Petition dismissed after Nashik dargah withdraws it from the Supreme Court


Days after the Supreme Court had issued a stay on the demolition of a dargah in Nashik, which was demolished hours before the Supreme Court’s intervention, the Hazrat Saatpeer Sayed Baba Dargah on Monday (April 21, 2205) withdrew its petition. The SC refused to pass any comments on the merits of the case.

Earlier, the Bombay High Court had deemed the structure illegal in its prima facie observations. The petitioners had withdrawn their plea from the Bombay HC thereafter.

“Learned senior counsel appearing for the petitioner seeks to withdraw the Special Leave Petition. Permission, as sought for, is granted. The Special Leave Petition is, accordingly, dismissed as withdrawn. If the learned counsel for the writ petitioner makes a request, the High Court may list the matter during the course of this week. The petitioner is also at liberty to seek such directions, as he may be advised, including those for interim directions pending disposal of the writ petition. We make it clear that we have not expressed any opinion whatsoever on the merits of the case. It is for the High Court to consider and pass orders on its own merits,” the Supreme Court said in its order, while dismissing the petition after it was withdrawn.

The Division Bench of Justice Pamidhighantam Sri Narasimha and Justice Joymalya Bagchi had issued notice to the Bombay High Court as well, seeking a report on the issue. The report was taken on record on Monday.

The petitioners had switched off their phones after the hearing and could not be reached.

The Nashik Municipal Corporation told the Supreme Court on Monday that it had received the apex court’s order a day after the structure had been demolished.



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