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Bombay High CourtCA/4673/2022disposed off

Bhagwat Maruti Lasane v. The State Of Maharashtra Through The Collector, Osmanabad And Others

2022-04-05Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 938-CA-4673-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.4673 OF 2022 IN FA/1880/2016 BHAGWAT MARUTI LASANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicant : Ms Aparna Satpute h/f Mr S.S. Shinde AGP for Respondent Nos. 1 and 2 : Mr N.T. Bhagat CORAM : SHRIKANT D. KULKARNI, J.

DATE : 5th APRIL, 2022 PER COURT :

1.

Heard Ms Aparna Satpute holding for Mr S.S. Shinde, learned counsel for the applicant and Mr N.T. Bhagat, learned AGP for respondent Nos. 1 and 2/State.

2.

None present for the acquiring body when the matter is called out. 3.

Perused the report submitted by the learned Registrar (Judicial) of this Court. The report is taken on record and marked as 'X' for identification. 4.

On perusing the report, it is evident that First Appeal No. 1880/2016 has been preferred by the original claimant feeling aggrieved by the impugned Judgment and award passed by the Reference Court. It seems to have been tagged with the group of appeals preferred by the acquiring body and ultimately shown disposed of which is factually incorrect. As such, the appeal shown to have been disposed of before the Lok Adalat, needs to be restored to decide it on its own merits.

2 938-CA-4673-2022

ORDER

(i) The application is hereby allowed in terms of prayer clause (A) and (B).

(ii) The appeal be listed on 01.07.2022.

( SHRIKANT D. KULKARNI, J.) mta