Dadarao Tulshiram Gavhad And Another v. The State Of Maharashtra Through Secretary And Others

06-WP-15174-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 WRIT PETITION NO.15174 OF 2019 DADARAO TULSHIRAM GAVHAD AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Amol D Muley And Mr. G.K. Kshirsagar Addl. GP for Respondent Nos. 1 to 3 : P.S. Patil Advocate for Respondent No. 4 : Mr. B.R. Survase ...

CORAM : RAVINDRA V. GHUGE AND S. G. DIGE, JJ.

DATE : 4th APRIL, 2022 PER COURT :- 1.

We have briefly heard the learned Advocates for respective sides. With their assistance, we have gone through the petition paper-book. 2.

Two petitioners, namely Dadarao and Udhav are biological brothers. Both filed an application for enhancement under Section 18 of the Old Land Acquisition Act, 1894, on 21-02-2008. The Competent Authority forwarded the application of Udhav, which was registered as LAR No. 236 of 2012 before the learned 2nd Joint Civil Judge, Senior Division, Aurangabad. The application of Dadarao was not forwarded. According to Collector, his application was not traceable. 3.

The learned AGP places a copy of the communication dated 04-04-2022 addressed by the Sub-Divisional Officer-cum-Land Acquisition Officer, Aurangabad to the learned Civil Judge Senior Division, District Aurangabad, wherein the copy of application Exhibit-B annexed to this petition, which is a copy of the application filed by Dadarao, has been forwarded to the Competent Court today itself. The copy of the said communication is taken on record and marked as "X-1", for identification.

06-WP-15174-19.odt 4.

In view of the above, this petition need not be kept pending and is, therefore, disposed off. All the contentions of the litigating parties, including the contention to the extent of the claim of interest, are left open.

( S.G. DIGE ) ( RAVINDRA V. GHUGE ) JUDGE JUDGE mtk