Satish Bhagwantrao Talekar v. The State Of Maharashtra And Others

1 ra 37.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 37 OF 2016 IN WRIT PETITION NO. 754 OF 2009 Satish Bhagwantrao Talekar .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri A. B. Kale, Advocate for the Petitioner. Shri A. M. Phule, A.G.P. for Respondent Nos. 1 to 3. Shri A. S. Bajaj, Advocate for the Respondent No. 4. CORAM : S. V. GANGAPURWALA AND A. M. BADAR, JJ.

DATE : 18TH FEBRUARY, 2016.

PER COURT :

.

Mr. Kale, the learned counsel for the applicant submits that, during the course of hearing he could not point out the subsequent developments and the amendment carried out in the writ petition. The communication impugned in the writ petition was already set aside by the Special Land Acquisition Officer vide its order dated 31.03.2009, however, due to inadvertence the same was not pointed out.

2.

We have also heard Mr. Bajaj, the learned counsel for the

2 ra 37.16 non applicant No. 4 and the learned A. G. P. for non applicant Nos. 1 to 3.

3.

On perusal of the writ petition it appears that, the subsequent amendment has been made and the subsequent order passed by the Special Land Acquisition Officer has been brought on record, however, the same was not considered while passing the order in Writ Petition No. 754 of 2009 dated 09.02.2016. This is an error apparent on the face of record.

4.

In the light of the above, the order dated 09.02.2016 in Writ Petition No. 754 of 2009 is reviewed and recalled. The Writ Petition No. 754 of 2009 is restored to its original position. The review application is disposed of.

5.

Place the writ petition on 29.02.2016.

[ A. M. BADAR, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Feb. 16