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Bombay High CourtWP/8302/2019disposed offdismissed for default

Sanjay Shrirang Magar v. The State Of Maharashtra And Others

2019-07-08Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil1 pages

93.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 93 WRIT PETITION NO.8302 OF 2019 SANJAY SHRIRANG MAGAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Bhise Bhausaheb B. AGP for Respondents/State : Mr. K.B. Jadhavar. CORAM :

S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

08/07/2019 PER COURT :

1.

Learned counsel for the petitioner submits that the acquisition was under the National Highways Act, 1956. The objection was raised. The competent authority ought to have referred the dispute to Civil Court. The Civil suit filed by the petitioner is dismissed. 2.

In view of the fact that the civil suit filed by the petitioner is dismissed, the competent authority could not have pass any contrary order. It is contended that petitioner has filed an appeal. The petitioner may seeks relief in the pending appeal, as may be permissible in law. 3.

Writ petition is disposed of. No costs.

( MANGESH S. PATIL, J. ) ( S. V. GANGAPURWALA, J. ) mkd 1/1