V.R.KRISHNA IYER, J.

(1) THIS appeal by special leave raises questions under S. 45 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. One point urged before us was that the revision which was allowed by action suo motu by the Commissioner under that provision was invalid being barred under the proviso to S. 45(2) of the Act. Apart from the fact that there is no merit in it, counsel for the appellant now prays that the order of the Commissioner being one of remand, he may be permitted to withdraw the appeal itself. We permit him to do so. Of course, he will be allowed, as directed by the order of remand itself, to urge contentions on the merits to the extent allowed in the remand order. In these circumstances the appeal is allowed to be withdrawn and dismissed on that basis. There will be no order as to costs.