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Bombay High CourtCA/16163/2022disposed off

The Executive Engineer Minor Irrigation Local Sector And Others v. Hilal Govinda Patil

2023-01-12Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

1 WP / 1271 / 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO.1271 OF 2019 WITH CA/16163/2022 IN WP/1271/2019 HILAL GOVINDA PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Solanke Shrikrashna B. AGP for the respondent - State : Mrs. M.A. Deshpande ...

CORAM

: MANGESH S. PATIL & S. G. CHAPALGAONKAR, JJ.

DATE : 12 JANUARY 2023 PC :

Heard.

2.

The learned advocate for the petitioner submits that though in the affidavit-in-reply now filed by respondents nos. 4 and 5, it is mentioned that the award of the petitioner's land was passed long ago and the amount even stands deposited with the Special Land Acquisition Officer, he was not served with any notice regarding such deposit and he was oblivious of any award having been passed. 3.

Learned AGP submits that in-fact after acquisition and passing of the award the petitioner had again entered into possession and has returned it back on 13-12-2022.

2 WP / 1271 / 2019 4.

Both the parties are unanimous that in view of the stand being taken in the affidavit-in-reply, nothing survives. 5.

The petition is disposed of.

6.

Needless to state that the petitioner would be entitled to claim the compensation from the respondent - Special Land Acquisition Officer who shall pay it to them within three months. 7.

Pending civil application is disposed of.

[ S. G. CHAPALGAONKAR ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/