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Bombay High CourtFA/754/2003dismissed

The State Of Maharashtra v. Laxman Shenu Pardeshi And ORS

2021-05-05Hon'Ble Shri Justice Anil S. Kilor2 pages

754-2003-FA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 754 OF 2003 THE STATE OF MAHARASHTRA

VERSUS

LAXMAN SHENU PARDESHI AND OTHERS AND CIVIL APPLICATION NO. 4722 OF 2003 ...

AGP for Appellant : Mr. B.V. Virdhe Respondent served - absent ...

CORAM :

ANIL S. KILOR, J.

DATE : 5th MAY, 2021 PER COURT :- This matter is arising out of the same project and same acquisition proceedings, which was the subject matter of Appeal and which was dismissed by the decision of the Division Bench of this Court in the case of Special Land Acquisition Officer (III), Jalgaon and another Versus Bhagwat Vithal Sonwane1, where the Division Bench has approved the very rates now granted by the Reference court in the impugned Judgment and award. Therefore, the learned AGP submits that by adopting the reasoning in the case of Bhagwat Vithal Sonwane (supra), this Appeal may be disposed of. 2.

In view of aforesaid submission, since this Court has already passed the Judgment and order in the connected matters long back and it was not challenged in the Apex Court, it would not be appropriate to take 2009(4) Mh.L.J. 308

754-2003-FA.odt different view, which was taken by the same Judgment, and accordingly, I adopt the same view.

3.

Accordingly, the First Appeal is dismissed. No order as to costs.

4.

In view of the dismissal of First Appeal, Civil application no. 4722 of 2003 stands disposed of.

( ANIL S. KILOR ) JUDGE arp/-