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Bombay High CourtWP/9849/2022allowed to be withdrawn

Malajirao Vinayakrao Nimbalkar v. The State Of Maharashtra And ORS

2023-10-09Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice M. M. Sathaye2 pages

10.wp.9849.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9849 OF 2022 Malojirao Vinayakrao Nimbalkar .. Petitioner

Versus

The State of Maharashtra & Ors.

.. Respondents Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2023.10.09 15:02:56 +0530 Mr.Viraj R. Patil, Advocate for the Petitioner. UTKARSH KAKASAHEB BHALERAO Ms.M.S. Bane, AGP for State/Respondent.

Mr.Ashutosh Mishra, Advocate for UOI/Respondent No.2. Mr.Satyajeet Rajeshirke, Advocate for Respondent No.5.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : OCTOBER 09, 2023 P. C.

1.

The learned advocate appearing on behalf of the Petitioner has fairly stated that the subsequent events have over taken the above Writ Petition and more particularly prayer clause (a) thereof which challenges the order passed by Respondent No.3 dated 2nd June, 2022 under Section 3C(2) of the National Highways Act, 1956. He submitted that the award is now passed and the stage of the acquisition OCTOBER 09, 2023 Utkarsh

10.wp.9849.2022.doc proceedings is for disbursement of compensation. In fact the Petitioner has also filed an Application under Section 3H(3) objecting the disbursal of the amounts set out in the award to the persons mentioned in the said award. That Application is pending. He therefore sought leave to withdraw the above Writ Petition with liberty to challenge the order passed by the Competent Authority under Section 3H(3) if the same is adverse to the Petitioner.

2.

In these circumstances, the above Writ Petition is dismissed as withdrawn with liberty as prayed. 3.

It is clarified that the Competent Authority shall decide the Application filed by the Petitioner under Section 3H(3) on its own merits and in accordance with law without being influenced by any observations made in the order dated 2nd June, 2022. 4.

Personal Assistant of this Court. All concerned will act on production by [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] OCTOBER 09, 2023 Utkarsh