← Library
Bombay High CourtWP/8514/2014dismissedrule discharged

Nizamoddin Amirsahab Chaudhari, L.R. Shaikh Nadeem v. The State Of Maharashtra And Another

2015-11-20Hon'Ble Shri Justice Nitin W. Sambre2 pages

W.P.No.8514/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.8514 OF 2014 Nizamoddin s/o Amirsahab Choudhari, Died, through L.R. - Shaikh Nadeem s/o Nizamoddin Chaudhari, Age 31 years, Occu. Business, R/o Gunj Golai, Masjid Road, Latur, Taluka and District Latur, at present H.No.11-3-89, Third Floor, Opposite to Anwar Uloom College, Girls Gate, New Mallepalli, Hyderabad (A.P.) ..Petitioner

Versus

1.

State of Maharashtra, Through the Special Land Acquisition Officer, Collector, Latur 2.

The Executive Engineer, Construction Railway Board, Camp Latur, Railway Station Compound, Latur, Taluka and District Latur ..Respondents Mr G.R. Syed, Advocate for petitioner Mr R.V. Dasalkar, A.G.P. for respondent No.1 Mr D.V. Soman, Advocate for respondent No.2 CORAM : N.W. SAMBRE, J.

DATE : 20th November 2015 PER COURT Heard.

2.

The application of the petitioner, claimant under Section 18 of the Land Acquisition Act for correction in the judgment delivered therein came to be rejected by an order dated 25th November 2013 on the ground that the appeal against the judgment delivered in reference is pending before this Court under Section 54 of the Land Acquisition Act.

W.P.No.8514/2014 3.

I see no reason to interfere in the order impugned in the present petition, as the petitioner is always at liberty to raise said ground as regards the mistake committed by the reference Court in passing the judgment without considering the relevant material or in relation to the calculation therein.

4.

The petition stands dismissed with above observations. ( N.W. SAMBRE, J.) vvr