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Bombay High CourtWP/3114/2016dismissedrule discharged

The State Of Maharashtra Thr. The Collector, Gondia And Others v. Shri. Choithram S/O Pohumal Goplani And Others

2019-04-08Hon'Ble Shri Justice Manish Pitale2 pages

20-wp-3114-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Writ Petition No. 3114 of 2016 The State of Maharashtra, through the Collector, Gondia & Ors. Vs.

Choithram S/o Pohumal Goplani --------------------------------------------------------------------------------------------------------- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. K.L.Dharmadhikari, Advocate for the petitioner. Mr. R.N. Vastani, Mr. R.K.Thakkar, Advocates for the respondent No.1 and 2.

CORAM : Manish Pitale, J.

DATED : April 08, 2019.

1.

By this Writ Petition, the petitioner-Authorities have challenged an order dated 16th February, 2016 passed by the Court below in Regular Civil Suit No. 135 of 2014, whereby an application filed by the petitioners for vacation of status quo came to be rejected. 2.

The suit was filed by the respondent Nos.1 and 2 for injunction to restrain the petitioners from using the land of the respondent Nos.1 and 2 for constructing a road. In the said suit, an order of status quo was passed against the petitioners. As noted above, by the impugned order, the Court below refused to vacate the order of status quo. It has come on record that the portion of land belonging to respondent Nos.1 and 2 was acquired by the petitioners in order to construct the road and that respondent Nos.1 and 2 have received compensation for the said acquisition. In this light, the respondent Nos.1 and 2 have withdrawn the suit itself. Therefore, with the passage of time and

20-wp-3114-16.odt subsequent events, the present writ petition has been rendered infructuous. Hence, the present writ petition is dismissed as infructuous.

JUDGE sknair