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Bombay High CourtWP/1283/2014dispossed offdismiss for default

Firdaus Mazur Kamgar Sahakari Sanstha, Through Its President, Abdul Jabir Shaikh Habib Amravati v. State Of Maharshtra Through Its Secretary Rural Development Dept. Mumbai And 4 Others

2015-02-20Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale2 pages

wp1283.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1283 OF 2014 Firdaus Mazur Kamgar Sahakari Sanstha, thr its President ..vs..

State of Mah., thr its Secretary Rural Development Department of Mantralaya, Mumbai and ors .......................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... Shri R.J. Mirza, counsel for the Petitioner.

Shri C.N. Adgokar, AGP for R-1 to 3.

CORAM

: B.P.DHARMADHIKARI & A.P.BHANGALE, JJ.

DATE : FEBRUARY 20, 2015.

Heard.

The petitioner claims amount of Rs.1,98,545/- towards construction of "Dharmashala" at Talwel with interest at the rate of ten percent. Respondent Nos.4 and 5 have filed affidavit on 11.11.2014 stating therein that amount of Rs.1,74,696/- has been paid to the petitioner and the petitioner has on 29.10.2014 given an affidavit accepting that amount in full and final settlement of his claim and withdrawing the present petition.

Shri R.J. Mirza, learned counsel for the .....2/-

wp1283.14 petitioner, is seeking time of one week to verify the position.

We find that copy of said reply is received by the petitioner on 11.11.2014 only.

In this situation, we accept the statement made by respondent No.4 - The Chief Executive Officer, Zilla Parishad, Amravati and dispose of the writ petition as infructuous. No costs.

JUDGE JUDGE !! BRW !!

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