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Bombay High CourtWP/13195/2021disposed off

Namdeo Shivram Jatal Died Through Lrs Chandrakant Namdeo Jatal v. The State Of Maharashtra Through The The Dist. Collector And Others

2021-12-01Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

943 wp.13195.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

943 WRIT PETITION NO.13195 OF 2021 NAMDEO SHIVRAM JATAL DIED THROUGH LRS CHANDRAKANT NAMDEO JATAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE THE DISTRICT COLLECTOR AND OTHERS ...

Advocate for Petitioners : Mr. Hanmant Bhagwan Nandagavale. AGP for Respondent/State: Mr. P. S. Patil.

...

CORAM :

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE :

01st December, 2021.

P.C.:

.

We have heard the learned counsel for petitioner and the learned AGP.

Under the impugned order, the respondent No.2 has stayed the proceedings on the ground that the first appeal is filed by the Acquiring Body / State and is pending in this Court. The impugned order cannot be faulted with. As the appeal is pending, the Sub-Divisional Officer has rightly stayed the proceedings. If the proceedings under Section 28-A of the Land Acquisition Act is proceeded further and decided before the first appeal is decided, then further complications would arise.

943 wp.13195.21.odt In light of that, no interference is called for. The Land Acquisition Officer shall commence the proceedings under Section 28A of the Land Acquisition Act filed by the petitioner after the first appeals are decided.

The writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga