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Bombay High CourtFA/2364/2019dismissed

Ex. Engineer, Minor Irrigation Division, Zilla Parishad Parbhani v. Kausabai Vitthal Ade And ORS

2021-08-30Hon'Ble Shri Justice R. G. Avachat3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.2364 OF 2019 The Executive Engineer, Minor Irrigation Division, Parbhani ... APPELLANT

VERSUS

Kausabai w/o Vitthal Ade & ors.

... RESPONDENTS .......

Mr. Eknath P. Sawant, Advocate for appellant Mr. M.P. Kale, Advocate for respondent No.1.

Mr. P.M. Kulkarni, A.G.P. for respondents No.2 and 3 .......

WITH CIVIL APPLICATION NO.8971 OF 2021 IN FIRST APPEAL NO.2364 OF 2019 Kausabai w/o Vitthal Ade ... APPLICANT

VERSUS

Executive Engineer, Minor Irrigation Division & ors.

... RESPONDENTS .......

Mr. M.P. Kale, Advocate for applicant Mr. Eknath P. Sawant, Advocate for respondent No.1. Mr. P.M. Kulkarni, A.G.P. for respondents No.2 and 3 .......

AND FIRST APPEAL NO.2365 OF 2019 The Executive Engineer, Minor Irrigation Division, Parbhani ... APPELLANT

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VERSUS

Sharangdhar s/o Vitthal Ade & ors.

... RESPONDENTS .......

Mr. Eknath P. Sawant, Advocate for appellant Mr. M.P. Kale, Advocate for respondent No.1.

Mr. P.M. Kulkarni, A.G.P. for respondents No.2 and 3 .......

WITH CIVIL APPLICATION NO.8972 OF 2021 IN FIRST APPEAL NO.2365 OF 2019 Sharangdhar s/o Vitthal Ade ... APPLICANT

VERSUS

Executive Engineer, Minor Irrigation Division & ors.

... RESPONDENTS .......

Mr. M.P. Kale, Advocate for applicant Mr. Eknath P. Sawant, Advocate for respondent No.1. Mr. P.M. Kulkarni, A.G.P. for respondents No.2 and 3 .......

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

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such cases, moreover, no exceptional case is made out to entertain the present appeals, the same are, therefore, dismissed at admission stage itself. The amount in deposit with this Court be paid to the respondent No.1 claimants along with interest accrued thereon immediately. Civil Applications are also disposed of accordingly. ( R. G. AVACHAT ) JUDGE fmp/-