Ashok Narayanlal Agrawal Legal Heir And Karta Of Agrawal Family Viz. Son Of N. R. Agrawal, Buldana v. The Collector Buldhana Thr. Others

Order 2808caw1864.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION [W] NO. 1864/2018 IN WRIT PETITION NO. 2136/2016.

Ashok Narayanlal Agrawal -VERSUSThe Collector, Buldhana and others.

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 & M. G. GIRATKAR, JJ.

DATE : AUGUST 28, 2018.

Heard Shri D.P. Thakare, learned Addl.G.P.

for applicant / respondent no.2 and Shri S.K. Bhandakrar, learned Counsel for original petitioner. 2.

Learned counsel for original petitioner initially sought adjournment, then pass over and thereafter lastly states that he has not been instructed in the matter. We therefore, proceed in absence of petitioner.

3.

Facts recorded in order clearly show that intention was only to safeguard the structure of

Order 2808caw1864.18 petitioner and not to demolish it. Road widening, without damaging the structure therefore, is permitted to go on.

4.

In this backdrop, paragraph no.5 of the judgment dated 05.04.2018, which makes rule absolute in terms of prayer clause [b], appears to be incongruent. Accordingly the same is substituted and following paragraph be read as paragraph no.5. "5.

Rule is made absolute accordingly in above terms."

5.

Civil Application is accordingly allowed and disposed of. No costs.

JUDGE JUDGE Rgd.