The Central Railway Nagpur Division, Nagpur Thr. General Manager, Nagpur And Another v. Devendra Pramod Wandile And Others

2025:BHC-NAG:1417 1 42-CAF-3647-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3647 OF 2024 IN FIRST APPEAL NO. 11 OF 2025 THE CENTRAL RAILWAY, NAGPUR AND OTHERS Vrs.

DEVENDRA PRAMOD WANDILE 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 V. M. Gadkari, Advocate for appellants.

Mrs. S. S. Wandile, Advocate for respondent No.1. Ms. M. R. Kavimandan, AGP for respondent Nos.2 and 3. CORAM: ROHIT W. JOSHI, J.

DATE : 10/02/2025.

1.

The present application is moved by respondent No.1 / original claimant in Land Acquisition Case for dismissal of the appeal on the ground that the identical matter has already been dismissed by this Court vide Judgment and order dated 29/06/2022 passed in First Appeal No.217/2021. The learned counsel states that both the matters arise from the same land acquisition case and same land acqusition award passed under the Land Acquisition Act.

2.

The lands involved in both cases are similar in nature and also from the same village.

3.

Learned counsel for the appellants in fairness does not dispute the said statement.

4.

In view of the aforesaid, first appeal is dismissed. 5.

The application is allowed and disposed of.

2 42-CAF-3647-2024.odt 6.

The Judgment and award dated 04/07/2019 passed by learned 2nd Joint Civil Judge, Senior Division, Wardha in Land Acqusition Case No.134/2014 is maintained. 7.

Parties to bear their own costs.

[ROHIT W. JOSHI, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 13/02/2025 10:30:34