Meghnath Kana Kadu v. Late Valku Mahtre Decd. Thr Lhr Laxman Valku Mahtre And ORS

47.IA.2784.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

UMESH SHRINIWAS MALANI CIVIL APPELLATE JURISDICTION by UMESH SHRINIWAS MALANI Date: 2021.11.15 20:46:26 +0530 INTERIM APPLICATION NO. 2784 OF 2021 IN WRIT PETITION NO. 6562 OF 2021 Meghnath Kana Kadu ...Applicant

Versus

Late Valku Nathu Mhatre (Since deceased) Through LR and Ors.

...Respondents

*** Mr. Prasad B. Kulkarni for the Applicant.

Mr. S.L. Babar, AGP, for the Respondent - State. *** CORAM : PRASANNA B. VARALE & S.M. MODAK, JJ.

DATE : NOVEMBER 15, 2021.

PER COURT :

1.

Learned Counsel for the Petitioner submitted that the Petition is filed in the matter of order dated 26th July, 2021 passed by the Tahsildar and Agricultural Land Tribunal, Panvel in Review Petition No. 08 of 2021 and the issue relates to the compensation of the land. 2.

Post filing the Petition the Sub Divisional Officer, Panvel passed an order dated 05/08/2021 whereby the land of the Petitioner was taken in possession and an amount to the tune of Rs. 1,39,52,885/- was disbursed in Umesh Malani

47.IA.2784.2021.doc favour of Laxman Valku Mhatre i.e. Respondent No. 1. Learned Counsel further submitted that as the order dated 05/08/2021 passed post filing of the Petition, the Petitioner prayed for an amendment to the Petition by placing on record subsequent order.

3.

As the notice was not issued till date, the Petitioner is permitted to amend the Petition. The Application for amendment is allowed. The amendment to be carried out within one week from today. 4.

On carrying out amendment within stipulated period of one week, issue notice to the Respondents, returnable on 29th November, 2021. 5.

Learned AGP waives notice for Respondent Nos. 6 to 9. 6.

Petitioner is permitted to serve the Respondent Nos. 1 to 5 by way of any legally permissible mode of service apart from Court service and place on record the affidavit of service.

7.

By way of an interim direction, the parties are directed to maintain status quo as on today.

( S.M. MODAK, J.) (PRASANNA B. VARALE, J.) Umesh Malani