Bombay High CourtFA/271/2000admittedallwdgrantedrule absolute

The Executive Engineer,Nagpur v. Champatrao Kashinath Raut And Another

2015-01-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa271.00

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.271/2000 Vidarbha Irrigation Development Corporation, Nagpur, through its Executive Engineer ..Versus..

Champatrao S/o Kashinath Raut and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 5.1.2015 Heard Shri A.V. Palshikar, the learned advocate for the appellant, Shri C.R. Najbile, the learned advocate for respondents 1(a) to 1(c) and Ms. A.R. Taiwade, the learned A.G.P. for respondent no.2. In view of the judgment given by the Hon'ble Supreme Court in the case of Abdul Rasak and others V/s. Kerala Water Authorilty and others reported at AIR 2002 SC 817 and it being an admitted fact that the appellant - Vidarbha Irrigation Development Corporation was not impleaded as party to the reference proceedings, the matter is remitted

2 fa271.00 to the Reference Court for fresh decision according to law and as laid down by the Hon'ble Supreme Court in the above referred judgment. The parties to appear before the Reference Court (Joint Civil Judge Senior Division, Nagpur) on 9 th February, 2015 at 11 a.m. and abide by the orders passed by the Reference Court. The appeal is allowed in the above terms. In the circumstances, the parties to bear their own costs.

CROSS OBJECTION STAMP NO.20324/2000 In view of the disposal of the appeal, the cross objection is also disposed of in the above terms. No costs.

C.A.F. NO.3097/2014 In view of the disposal of the appeal, the civil application is rendered infructuous. It is disposed of accordingly. JUDGE Tambaskar.