The Executive Engineer, Minor Irrigation Department, Buldhana v. Anjanabai Ramdhan Wakudkar And Others

2024:BHC-NAG:13442 1 31-FA-1243-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO. 1243 OF 2024 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, BULDHANA Vrs.

ANJANABAI RAMDHAN WAKUDKAR AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Vinay Rathi, Advocate h/f Shri P. B. Patil, Advocate for appellant. Shri Ambarish Joshi, AGP for respondent-State. CORAM: SANJAY A. DESHMUKH, J.

DATE : 09/12/2024.

1.

Heard the learned advocate for the appellant. 2.

Issue notice to the respondents for Admission, returnable after twelve weeks.

3.

Learned Assistant Govenment Pleader waives service of notice on behalf of respondent - Collector and Land Acquisition Officer.

4.

Call for record and proceedings.

5.

Stand over after twelve weeks.

CIVIL APPLICATION (CAF) NO.3554/2024 6.

This is an application under Order 41, Rule 5 of the Code of Civil Procedure, 1908 for grant of stay to the execution of the impugned judgment and award passed by the Reference Court.

7.

Perused the application.

8.

Heard the learned advocates for both the sides.

2 31-FA-1243-24.odt 9.

Learned advocate for the appellant pointed out the correspondence dated 04/11/2024 along with the cheque amounting to Rs.8,64,14,256/- deposited in the office of the Registrar, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur. He further pointed out that this amount is deposited in total 48 cases. 10.

Considering this fact, it would be proper to grant stay in terms of prayer clause (a) of this application. 11.

The Authority is directed not to pay that amount to the claimants, till the directions are issued by this Court.

12.

The application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 10/12/2024 18:29:57