Peer Sailani Baba Dargah Shareef (President Kishor Shamrao Karadkar) And Others v. The Land Acquisition Officer/Competent Authority, National Highway 361 B, Yavatmal And Others

2025:BHC-NAG:4685-DB 1 9.WP.2392-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2392 OF 2022(D) ( Peer Sailani Baba Dargah Shareef (President Kishore Shamrao Kuradkar) & Ors.

Vs.

The Land Acquisition Officer/Competent Authority, National Highway, Sub Divisional Officer, Ralegaon, District Yavatmal & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. Zia Quazi, Advocate for the Petitioners. Mr. A.M. Joshi, AGP for the Respondent Nos.1 & 5/State. Mr. Soham Kathane, Advocate h/f Mr. A.A. Kathane, Advocate for the Respondent No.2.

Mr. D.A. Mohgaonkar, Advocate for the Respondent No.3. CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 5th MAY, 2025 1.

Heard.

2.

At the outset Mr. Quazi, learned Counsel for the Petitioners, seeks to correct the Survey No.54 to Survey No.54/1 claimed to be owned by Harishchandra Meghraj Bagmar the Petitioner No.20 in the memo of Petition. Since this position is not disputed by the learned AGP and it is borne out by the joint measurement report and the chart annexed with the Pursis dated 24.04.2025 filed by the State, we grant according leave.

3.

The correction be carried out forth with. In case, it is not so done, cost of Rs.5 Lakhs shall be imposed.

2 9.WP.2392-2022.odt CIVIL APPLICATION (CAW) NO. 1047/2025 1.

The Application seeks to make certain corrections in Survey numbers in the order dated 29.04.2025. The corrections sought, are not disputed by the learned AGP and in fact are borne out by the statement made in para 2 of the Petition, which is in consonance with the chart filed by the Respondent No.1 alongwith Pursis dated 24.04.2025, in view of which, we allow the application and direct the corrections in the table in para 2 of the order dated 29.04.2025, by replacing Gut No.104/2 against Sr.No.9 Kishna Shamrao Dange to Gut No.104/4 ; by replacing Gut No.143/1 against Sr.No.12 Doma Hari Lalsare to Gut No.243/1; by replacing Gut No.243/2 against Sr.No.17 Ambadas Haribhau Lalsare to Gut No.243/3 and by replacing Gut No.54 against Sr.No.18 Harishchandra Meghraj Bagmar to Gut No.54/1.

2.

The corrected order be uploaded.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 05/05/2025 16:46:53