Sunil Dagadu Helkar v. Competent Authority Sub-Divisional Officer, Pandharpur And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8178 OF 2024 IN FIRST APPEAL NO.671 OF 2024.

Sunil Dagadu Helkar ...Applicant-Appellant.

Versus

Competent Authority Sub-Divisional Officer, Pandharpur And Ors.

...Respondents.

------ Mr. Anvil S. Kalekar for the applicant-appellant. Mr. A. R. Patil, AGP for respondent No.1.

Mr. Hrishikesh S. Shinde for respondent Nos.2 and 3. ------ Coram : Sharmila U. Deshmukh, J.

Date : 1st July, 2024.

P. C. :

INTERIM APPLICATION NO.8178 OF 2024.

1.

Interim Application has been filed seeking stay of the judgment and decree passed in Land Acquisition Reference No.22/2021 and to restrain Respondent Nos.2 and 3 from recovering the compensation amount deposited in the District Court.

2.

By order dated 3rd May, 2024 this Court had directed that till the next date of hearing the amount of compensation shall not be disbursed to any of the parties. The order indicates that only the 1 of

advocate for the appellant was present and none was present for the Respondents.

3.

Today, affidavit-in-reply has been filed by Respondent Nos.2 and 3 stating that District Court has already disbursed the amount on 13th June, 2024 to the Respondent No.2.

4.

Upon query by this Court, learned counsel appearing for the appellant fairly concedes that the order of the Court was not communicated to Respondent Nos.2 and 3 or to the Reference Court. 5.

As the amount has already been disbursed, nothing survives in the Interim Application and the same stands disposed of. FIRST APPEAL NO.671 OF 2024.

6.

Heard 7.

Admit.

8.

Printing dispensed with.

9.

Learned counsel for Respondent Nos.2 and 3 waive notice and learned AGP waives notice for Respondent No.1. 10.

Learned counsel for Respondent Nos.2 and 3 submits that 2 of

within a period of 4 weeks, private paper book will be filed with copy to the other side.

11.

List the Appeal on the Final Hearing Board of 1st August, 2024. [Sharmila U. Deshmukh, J.] 3 of