Godawari Marathwada Irrigation Development Corporation Aurangabad v. The State Of Mah And ANR

1 954-CA-6012-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6012 OF 2014 IN FAST/1429/2008 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AURANGABAD THROUGH EXECUTIVE ENGINEER AMBAJOGAI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. B. R. Survase.

AGP for Respondents: Mr. S. R. Yadav-Lonikar. Advocate for Respondent-original claimant : Adv. N. P. Sangar h/f. Mr. S.B.Talekar.

...

WITH CA/6013/2014 IN FAST/1437/2008 WITH CA/6014/2014 IN FAST/1341/2008 ...

CORAM : K.K. SONAWANE, J.

DATED : 29TH NOVEMBER, 2017.

Order :- Heard Mr. Survase, learned counsel for applicant-Acquiring Body and learned AGP for respondent - State of Maharashtra. Perused application. Learned AGP fervidly contends that he has no any instruction to join the proceedings as co-appellant accompanied with Acquiring Body in these matters.

2.

Learned counsel for applicant produce the letter issued by the Government of Maharashtra addressed to Executive Director of the appellant Corporation. There are references that the State of Maharashtra should be one of the co-applicant alongwith Acquiring Body. But, the State of Maharashtra did not prefer any application to join the present proceedings as an co-appellant instead of respondent into the matter. The learned AGP also contends that he has no instruction about the same. In such circumstances, respondent- State of Maharashtra could not be compelled to join the proceedings of appeal as co-appellant alongwith appellant- Acquiring Body. In such circumstances, the application being inapt deserves to be dismissed. Accordingly, application is dismissed. [ K. K. SONAWANE ] JUDGE rrd.