Ravindra Anandrao Mali v. The State Of Maharashtra And Others

{1} rast3154-18 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION STAMP NO. 3154 OF 2018 IN WRIT PETITION NO.12801 OF 2017 Ravindra Anandrao Mali APPLICANT

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Pradeepn N. Sonpethkar, Advocate for the applicant Mr. A. V. Deshmukh, AGP for respondent - State .......

[CORAM : SUNIL P. DESHMUKH AND SMT. VIBHA KANKANWADI, JJ.] DATE : 27 th JUNE, 2019 ORDER :

1.

Civil application has been moved seeking review of order dated 8th November, 2017, wherein the court had observed that petitioner had purchased property after declaration of award and thus the claim raised in the writ petition seeking compensation would not be tenable.

2.

During submissions, learned advocate for the review applicant purports to refer to and rely on a decision of the Supreme Court in the case of "V. Chandrasekaran and Another V/s Administrative Officer and Others" reported in 2012 STPL 24842 SC

{2} rast3154-18 referring to head note "A" that the applicant - petitioner may not have any title, however, he can claim compensation on the basis of his vendor's title.

3.

Although learned advocate submits so, head note "D" of the very same citation depicts that while original vendors of the sale were not vested with title to said land, the transfer by them was itself void and all subsequent transfers would also, as a result, remain ineffective and unenforceable in law. 4.

Having regard to aforesaid, while it is not disputed that purchase by the applicant - petitioner has been post declaration of award, it would not be said that order under review suffers any infirmity, much less, any error apparent on the face of record. Thus, the review sans any merits would not be entertained.

5.

Review application, therefore, is dismissed and is disposed of.

[SMT. VIBHA KANKANWADI] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/rast3154-18