Bombay High CourtCAF/536/2015rejected at admission stage

Executive Engineer, Lower Wardha Project Division, Wardha v. Suresh S/O Bholaji Ghotkar And 4 Others

2015-02-25Hon'Ble Shri Justice Z.A. Haq2 pages

2502caf536.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION F. NO.536/2015 IN FIRST APPEAL NO.1375/2013 Executive Engineer, Lower Wardha Project Division, Wardha ...Versus...

Suresh s/o Bholaji Ghotkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Agrawal, Adv. h/f Shri P.B. Patil, Adv. for appellant/applicant Ms Varsha Wasu, Advocate for respondent no.1 Mrs. B.P. Maldhure, AGP for respondent nos.2 to 5 CORAM : Z.A. HAQ, J.

DATE : 25.02.2015 The appeal is filed by the Executive Engineer challenging the order passed by the reference Court under Section 18 of the Land Acquisition Act, 1894. The appellant/Executive Engineer was party before the reference Court.

The civil application filed on behalf of the Executive Engineer praying for leave to file appeal is misconceived. The civil application is rejected.

FIRST APPEAL NO.1375/2013 Heard the learned Advocates for the respective parties.

ADMIT.

2502caf536.15.odt Advocate Ms Varsha Wasu waives notice on behalf of the respondent no.1. Learned Assistant Government Pleader Mrs. B.P. Maldhure waives notice on behalf of the respondent nos.2 to 5.

The appellant shall file private paper-book till 30.09.2015.

CIVIL APPLICATION F. NO.2911/2013 Considering the facts of the case and the challenge as raised by the appellant, the respondent no.1 is permitted to withdraw Rs.15,00,000/- from the amount deposited by the appellant on filing undertaking before the Registrar (Judicial) of this Court to the effect that if at the time of hearing it is found that the respondent no.1 is not entitled for the amount withdrawn by him, he shall deposit the amount with interest as would be determined by this Court within stipulated time. The balance amount be kept in fixed deposit in the Nationalized Bank initially for the period of three years and to be renewed every year till the decision of the appeal. The civil application is disposed of in the above terms. JUDGE Wadkar