The State Of Maharashtra And ORS. v. Annaso Surendra Pangare And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1378/2018 IN WRIT PETITION NO.14072/2017 Basavraj Gurappa Patil WITH CIVIL APPLICATION NO.1379/2018 IN WRIT PETITION NO.585/2018 Basavraj Gurappa Patil Date: 2018.07.10 14:43:10 +0530 State of Maharashtra & Ors.

... Applicant V/s.

Annaso Surendra Pangare & Ors.

... Respondents Mrs. Madhubala Kajale, "B" Panel Counsel with Mr. A. I. Patel, AGP for the Applicant State Mr. Mandar Bagkar I/b. Chetan G. Patil for the Petitioner Mr. Avinash R. Hadgad, Dy. Land Acquisition Officer No.12, Kolhapur

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

JULY 6, 2018 P.C. :

Heard. This Application is made by the State of Maharashtra for modification of the order dated 14.06.2018 and 22.3.2018 i.e. payment of cost of Rs.25000/­ in each matter.

This court, had passed conditional order dated 22.03.2018 and imposed cost of Rs.25000/­ for non compliance of order within time, i.e. non filing of Affidavit­in­Reply.

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The learned AGP submits that they have already filed Affidavit­ in­Reply in both the Writ Petitions on 30.06.2018. The statement is accepted.

4.

The learned AGP submits that she received instructions from the deponent of the affidavit viz. Mr. Avinash Ramrao Hadgal, Dy. Collector (Land Acquisition) No.12, Kolhapur to withdraw both the Civil Applications. To that effect she has given in writing. Same is taken on record and marked "X" for identification. She submits that this Hon'ble Court be pleased to waive the payment of costs. The learned AGP submits that they have already complied with the order. Considering the submissions made by the learned AGP and since they have complied with the order, we are of the opinion that instead of payment of cost of Rs.25000/­ in each matter, the State is directed to pay cost of Rs.25000/­ only in one matter within a week from today. The costs shall be paid to the Kirtikar Law Library, High Court, Bombay within one week from today.

Hence, following order is passed.

a.

Order dated 22.03.2018 passed by this court directing the Applicant to pay cost of Rs.25000/­ in each matter is recalled. b.

Instead of payment of cost of Rs.25000/­ in each matter, 2/3

the Applicant to pay cost of Rs.25000/­ in total in both the matters.

c.

The costs shall be paid to the Kirtikar Law Library, High Court, Bombay within one week from today and place an acknowledgment thereof in the Registry immediately. d.

Both the Civil Applications stand disposed of accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) 3/3