Vidarbha Irrigation Developemnt Corp. Thr. Executive Engineer, Nagpur v. Sudhakar S/O Balchandra Mulkalwar And Others

2311cao1637.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION O. NO.1637/2017 IN MISC. CIVIL APPLICATION ST. NO.22753/2017 IN WRIT PETITION NO.2973/2016 (D) Vidarbha Irrigation Development Corporation, through Executive Engineer, Gosikhurd Rehabilitation Division, Nagpur, Tal. and Dist. Nagpur ...Versus...

Sudhakar s/o Balchandra Mulkawar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S/Shri V.G. Palshikar & A.R. Patil, Advocates for applicant Shri T.A. Mirza, AGP for non-applicant nos.42 to 44 - State CORAM : PRASANNA B. VARALE AND ARUN D. UPADHYE, JJ.

DATE : 23.11.2017 1.

Heard.

2.

This is an application for condonation of delay. It is submitted that due to certain procedural difficulties the delay is caused in filing the application seeking review of the judgment and order dated 27/7/2017 passed by this Court in Writ Petition No.2973/2016.

3.

Considering the grounds raised in the application and in view of the submissions made by the learned Counsel for the applicant, we allow the civil application.

The civil application stands disposed of.

2311cao1637.17.odt MISC. CIVIL APPLICATION ST. NO.22753/2017 1.

This is an application filed by the applicant seeking review of the judgment and order passed by this Court on 27/7/2017 in Writ Petition No.2973/2016. The applicant is the original respondent no.4, i.e. acquiring body. The petitioners approached this Court challenging the award passed by the Special Land Acquisition Officer on 30/10/2014. It was the submission of learned Counsel for the applicant that certain petitions were pending before the Aurangabad Bench of this Court and certain interim orders were passed but these facts were not taken note of. The learned Counsel therefore prays for review of the judgment and order of this Court.

2.

The learned Counsel for the parties state that review of the judgment and order dated 27/7/2017 in Writ Petition No.6884/2015 is also sought vide Misc. Civil Application St. No.22747/2017 and this Court has, by an order dated 23/11/2017 dismissed the said review application. It is stated that a similar order could be passed in this review application also.

3.

Hence, for the reasons recorded in the order dated 23/11/2017 in Misc. Civil Application St. No.22747/2017, the present Misc. Civil Application is dismissed. No costs. JUDGE JUDGE Wadkar