The Executive Engineer Dhule Medium Project Dhule v. Suratsing Gorakhsing Girase And Another

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.15356 OF 2019 THE EXECUTIVE ENGINEER DHULE MEDIUM PROJECT DHULE

VERSUS

SURATSING GORAKHSING GIRASE AND ANOTHER Mr.A.D.Pawar, Advocate for the petitioner.

Mr.A.B.Kale h/f Mr.M.R.Malpani, Advocate for respondent No.1. Mr.A.A.Jagatkar, AGP for respondent No.2.

( CORAM : BHARATI H. DANGRE, J.) DATE : FEBRUARY 2, 2022 PER COURT :

1.

Heard learned counsel Mr.Pawar for the petitioner and Mr.Kale for respondent No.1.

2.

The petitioner, an Acquiring Body is constrained to challenge the order passed by the Lokadalat on 17/03/2019 and more particularly in First Appeal No.659/2016 alongwith X-Objection (Stamp) No.8997/2019 and the submission advanced is, this appeal was listed in the group due to oversight, and therefore the order passed by the Lokadalat do not govern the said proceedings. The learned counsel for the respondents is fair enough when he khs/Feb.2022/15356

- 2 - admits that the X-Objection Stamp No.8997/2019 in First Appeal No.659/2016 i.e. in case of Suratsing Rajesing @ Goraksing Girase Versus The State of Maharashtra and another, is wrongly placed in the bunch of proceedings, which were disposed off by a common order passed by the Lok Adalat on 17/03/2019 .

In the wake of the explanation given as above, Item No.1097 XObjection (Stamp) No.8997 of 2019 in FA No.659/2016 Suratsing Rajesing @ Goraksing Girase Versus The State of Maharashtra and another is directed to be removed from the order dated 17/03/2019. Resultantly, First Appeal No.659/2016 alongwith X-Objection (Stamp) No.8997 of 2019 is restored to the file of this Court. Parties are at liberty to circulate the first appeal.

3.

In the wake of the disposal of the writ petition in the above terms, the directions contained in paragraph No.4 survive for compliance.

( BHARATI H. DANGRE, J.) khs/Feb.2022/15356