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Bombay High CourtIA/1944/2020disposed off

Mahadev @ Mahadu Ganpat Pawar Decd Thru Lhrs v. Deputy Collector (Acquisition) Raigad Alibaug And ORS.

2020-12-14Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Surendra Pandharinath Tavade2 pages

13.IA.1944.2020.doc Digitally signed by Aarti G.

Palkar Date:

2020.12.17 11:31:04 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Aarti G.

Palkar CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1944 OF 2020 IN WRIT PETITION NO.9887 OF 2015 Mahadev @ Mahadu Ganpat Pawar Since deceased through legal heirs ....Applicants In the matter between Bharat Dagadu Kadam & Ors.

....Petitioners

Versus

Deputy Collector (Acquisition) Raigad (0) Alibaug & Ors.

....Respondents Mr. Shriram S. Kulkarni for the Applicants.

Mr. R.M. Shinde, AGP for the Respondent-State. CORAM : A.A. SAYED AND SURENDRA P. TAVADE, JJ.

Date : 14 DECEMBER 2020.

P.C. :

1.

The above Interim Application is taken out seeking the following relief:- "That the Applicants being legal heirs of Petitioner No.8 be taken on record and they may be permitted to withdraw the abovesaid Petition with regard to land bearing Survey No.12/1 admeasuring 1-33-0 Ares more particularly described in Exh. 'A' to the Petition and at Sr.No.8 and 12 in Award and interim order operating in respect of this land be kindly vacated and he may be permitted to withdraw the compensation lying with the SLAO." 2.

In other similar Civil Applications orders have been passed allowing the Civil Application viz. order dated 25 April 2019 in Civil Application No.2635 of 2018 in Writ Petition No.9885 and connected Aarti Palkar 1/2

13.IA.1944.2020.doc matters and order dated 28 August 2019 in Civil Application No.2341 of 2019 in Writ Petition No.9882 of 2015.

3.

Following the said orders, we allow the present Interim Application in terms of prayer clause (a), subject to the Applicant/Petitioner handing over possession of the subject land to the Respondents. Amendment to be carried out within two weeks from today. 4.

The Interim Application to stand disposed of accordingly. (SURENDRA P. TAVADE, J.) (A.A. SAYED, J.) Aarti Palkar 2/2