G.M.I.D.C. Aurangabad The The Exe Engineer v. Venkatrao Kisanrao Kadam And Others

{1} fa386217.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.3862 OF 2017 Godavari Marathwada Irrigation Development Corporation (Sinchan Bhavan), Jalna Road, Aurangabad, through the Executive Engineer, Left Canal Distribution No.59, Lower Terna Project Sub Division, Latur.

Appellant

Versus

01 Venkatrao Kisanrao Kadam age: 47 years, Occ: service, R/o Nilanga, Tq.Nilanga, District Latur.

02 The State of Maharashtra, through the Collector, Parbhani.

03 The Special Land Acquisition Officer, P.T. & I.T., Latur.

Respondents Mr.Sham B. Patil, advocate for the appellant Mr.P.K.Ippar, advocate holding for Mr.S.J.Salunke, advocate for Respondent No.1.

Mr.A.M.Phule, A.G.P. for Respondents No.2 & 3, CORAM : M.S.SONAK, J.

DATE : 16th February, 2018.

ORAL ORDER :

Mr.Sham B. Patil, learned Counsel for the appellantCorporation, on the basis of written instructions from the appellant, seeks leave to withdraw this appeal.

{2} fa386217.odt The written instructions are taken on record and marked "X" for identification. The written instructions state that since, the enhanced amount in the present case is well within the limits prescribed in Government Resolution dated 03.11.2016, as amended from time to time, leave to withdraw the appeal may be granted.

Accordingly, leave is granted. Appeal is disposed of as withdrawn.

Civil Applications, if pending, do not survive and same are also disposed of.

Appellants shall be entitled to the refund of court fees in accordance with rules as also in accordance with decision of Division Bench of this Court in the case of Sanjeevkumar Harakchand Kankariya Vs. Union of India & others, 2015 (2) MhLJ 157.

M.S.SONAK JUDGE adb