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Bombay High CourtWP/14800/2019disposed offdismissed for default

Guruling Baliram Yerande Through Lrs Harishchandra Guruling Yerande And Others v. The State Of Maharashtra And Others

2020-02-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14800 OF 2019 GURULING BALIRAM YERANDE THROUGH LRS HARISHCHANDRA GURULING YERANDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners:Mrs. Sontakke Priyendra G Addl.G.P. for Respondents No. 1 & 2 :

Mr. P. S. Patil ...

CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE: 10th FEBRUARY, 2020 PER COURT:

1.

Heard Miss Sontakke, learned counsel for the petitioners. The learned counsel contends that the award is not yet passed. The learned counsel further submits that after the earlier orders were passed in the present petition, the instructions are taken and the petitioners confirmed that no such award is passed.

2.

We had under our order dated 09.12.2019 and 16.12.2019 observed that the present petitioners had filed Writ Petition bearing no. 2231 of 2010. In the said case, the Court observed

2 wp 14800.19 that, as far as land is concerned, consent award is passed. The same was on the basis of the statement made by the learned counsel for the petitioner appearing in the said matter. The petitioners were party to the earlier Writ Petition No. 2231 of 2010.

3.

The present writ petition seeks directions against the respondent to pass the award.

4.

The said directions, as prayed for, cannot be granted in the present writ petition in view of the order passed in earlier writ petition bearing no. 2231 of 2010 dated 30.03.2016.

5.

The petitioners may take steps as against the order dated 30.03.2016 in Writ Petition No. 2231 of 2010 as may be permissible in law.

6.

With these observations, writ petition is disposed of. All contentions are kept open. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe