Rajendra Shivhari Aande And Another v. The State Of Maharashtra, Thr. Collector, Amravati And Others

1 cao587.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.587/2018 IN M.C.A. STAMP NO.20431/2017 IN FIRST APPEAL STAMP NO.5323/2016 Rajendra Shivani Aande and another ..Vs..

The State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Sonare, Advocate for the appellants. Ms A.R. Kulkarni, A.G.P. for respondent Nos.1 and 2. CORAM : NITIN W. SAMBRE, J.

DATED : 3.10.2019 1] Having heard Shri Sonare, learned Counsel for the appellant / land owner an issue of law is sought to be canvassed based on the provisions of Section 23 of the Land Acquisition Act. According to him, the reference ought not have been withdrawn. The Reference Court, according to him, has failed to appreciate the legal provisions referred supra. 2] Having regard to the fact that the appellant has every right and remedy to approach the same Court for correction of the mistake, it will be appropriate, in my opinion, to permit the appellants to withdraw the present proceedings with liberty to approach the Court of Civil Judge, Senior Division, Amravati for redressal of his

2 cao587.18 grievance. The appeal stands withdrawn accordingly with liberty, as above. No costs.

In view of the above, civil applications, if any, stand disposed of.

JUDGE Tambaskar.