Pramod Deolal Borde And Others v. The State Of Maharashtra Through Collector, Akola And Others

4-CAW-1753-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO.1753 OF 2014 IN WRIT PETITION NO.3457 OF 2012 Pramod Deolal Borde & Ors.

-vsThe State of Maharashtra, Thr. Collector, Akola. & Ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ CORAM : B.P.DHARMADHIKARI & A.S.CHANDURKAR, JJ.

DATE : 02.02.2015.

Heard Advocate Jagtap for respondent No.2applicant, Advocate Kalmegh for petitioners-landowners and Learned AGP for respondent No.1.

Respondent No.2 i.e. Executive Engineer, Akola Irrigation Division, Akola states that he has passed orders as directed by this Court on 22/08/2012 on 28/03/2014. Delay is sought to be explained by pointing out that position was clarified by this Court on 08/01/2013.

Advocate Kalmegh for original petitioner (landowners) invites attention to the fact that order recognizance entitlement of landowners to receive compensation was passed on 15/02/2013 and as such there was no question of passing later order on 28/03/2014. In order dated 28/03/2014 deliberately it has been observed that possession has been taken after award. He is inviting attention of the Court to the dates mentioned in order of this Court dated

4-CAW-1753-14 2/2 22/08/2012 and also communication with him to show that respondents also accepted that possession was taken before that.

The landowners have already filed contempt petition No.26 of 2014.

All these contentions raised by Advocate Kalmegh can be gone into in suitable jurisdiction. Hence respondent No.2 has come up with the case that order has been passed on 28/03/2014. According to Advocate Kalmegh, order was already passed on 15/02/2013. As such we grant application for extension of time but contentions raised by landowners are kept open for its due consideration and adjudication. Application is accordingly allowed and disposed of.

JUDGE JUDGE asmita