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Bombay High CourtFA/1100/2018dismissed

The Executive Engineer, Minor Irrigation Division, Osmanabad v. Bhagirthibai Harinarayan Patil And ORS

2021-08-30Hon'Ble Shri Justice R. G. Avachat2 pages

First Appeal No.1100/2018 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1100 OF 2018 The Executive Engineer, Minor Irrigation Division, Osmanabad ... APPELLANT

VERSUS

Bhagirathibai Harinarayan Patil & ors.

... RESPONDENTS .......

Mr. V.R. Sonwalkar, Advocate for appellant Mr. Shaikh Shoyab, Advocate for respondent No.1. Mr. A.B. Chate, A.G.P. for respondents No.2 and 3 .......

WITH CIVIL APPLICATION NO.8934 OF 2021 IN FIRST APPEAL NO.1100 OF 2018 Bhagirathibai Harinarayan Patil ... APPLICANT

VERSUS

The Executive Engineer, Minor Irrigation Division & ors.

... RESPONDENTS .......

Mr. Shaikh Shoyab, Advocate for applicant Mr. V.R. Sonwalkar, Advocate for respondent No.1. Mr. A.B. Chate, A.G.P. for respondents No.2 and 3 .......

First Appeal No.1100/2018 :: 2 ::

CORAM :

R. G. AVACHAT, J.

DATE :

30th AUGUST, 2021 PER COURT :

Heard learned counsel for the parties. Since the enhancement is not more than four times of the amount offered by the Special Land Acquisition officer and there being a policy of the State Government not to prefer an appeal in such cases, moreover, no exceptional case is made out to entertain the present appeal, the same is, therefore, dismissed at admission stage itself. The amount in deposit with this Court be paid to the respondent No.1 claimant Bhagirathibai Harinarayan Patil along with interest accrued thereon immediately. Civil Application No.8934/2021 also stands disposed of accordingly.

( R. G. AVACHAT ) JUDGE fmp/-