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Bombay High CourtWP/4216/2022dismissed

Harishchand Bhasu Rathod v. The State Of Maha., Thr. District Collector, Washim And Others

2022-08-01Hon'Ble Shri Justice Avinash G. Gharote1 pages

wp 4216.22.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.4216/2022 Harichand Rathod V The State of Maharashtra and others ************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************* Mr. R.J. Shinde, Advocate for petitioner.

Mr. N.R. Patil, AGP for respondent nos. 2 to 3. CORAM : AVINASH G. GHAROTE, J.

DATE : 01-08-2022 Since the issue of additional compensation being awarded and its payment, can be challenged by way of fresh execution, I do not see any infirmity with the impugned order dated 17-02-2021, which reject the application for recovery, made in Special Execution No. 7/2019 which already stood finally disposed of on 30-07-2019, as fully satisfied in respect of the claim raised therein.

2.

Hence, there is no merit in the petition, the same is dismissed.

3.

Needless to say that it would be open for the petitioner to file fresh execution for the enhanced amount in case, the same is permissible in law.

(Avinash G. Gharote, J.) Deshmukh