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Bombay High CourtWP/6834/2024disposed off

Sheth Universal Pvt Ltd Thr Its Director v. The State Of Maharashtra Thr Its Secretary And ORS

2024-05-09Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

ppn 1 936.wp-6834.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PRACHI PRANESH NANDIWADEKAR Date: 2024.05.09 19:45:08 +0530 PRACHI PRANESH NANDIWADEKAR WRIT PETITION NO.6834 OF 2024 Sheth Universal Pvt. Ltd. & Anr.

.. Petitioner

Versus

The State of Maharashtra through its Secretary & Ors.

.. Respondents --- Mr.Nitin Gaware Patil a/w Mr.Divyesh Jain for the petitioner. Mr.Akshay Shinde, '

B' Panel Counsel a/w Smt. R.A. Salunkhe, AGP for respondent-State.

---- CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE : 9th May 2024 P.C.:- .

Since the petitioner seeks a limited direction to be issued to respondent no.2 to consider the representations dated 5th October 2023 and 24th April 2024 seeking reference of the dispute to the Civil Court, service of notice on respondent nos.3 to 5 is dispensed with. 2.

It is the case of the petitioner that the subject lands came to be acquired by the respondent no.1 under the provisions of the National Highways Act,1956. There being a dispute with regard to apportionment of compensation between the petitioner and the respondent nos.3 to 5, the representations dated 5th October 2023 and 24th April 2024 were made to the Sub-Divisional Officer.

3.

Considering the fact that the petitioner seeks reference of a dispute to Civil Court, it would be open for the Sub-Divisional Officer to consider the said representations after hearing the petitioner as well as

ppn 2 936.wp-6834.24.doc respondent nos.3 to 5. Necessary steps in that regard be taken within a period of eight weeks of receiving copy of this order. All contentions on merits are kept open. The writ petition is disposed of with aforesaid directions.

JITENDRA JAIN, J.

A.S. CHANDURKAR, J.