The Court disposed of the writ petition as the grievance regarding property acquisition was redressed via an affidavit-in-reply and deposit of funds.
Permitted respondent to withdraw deposited amount; writ petition disposed of.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2770 of 2012
Shankarsing s/o Laxmansingh Hazari and others
Petitioners
Versus
State of Maharashtra & others
Respondents
Mr.S.S.Gangakhedkar, advocate for petitioners. Mr.V.M.Kagane, AGP for Respondent No.1. Mr.A.M.Karad, advocate for Respondents No.2 & 3.
CORAM : R.M.BORDE &
K.L.WADANE, JJ. DATE : 27th June, 2016
PER COURT:
1 An affidavit-in-reply has been presented on behalf of Respondent-Municipal Corporation wherein it has been stated that property of the petitioners is affected by development plan and is required for road widening. It is further stated that the Corporation would observe procedure prescribed under law for taking over the property of the petitioners for public purpose.
2 In view of the statement made in the affidavit-in-reply, grievance raised by petitioners stands redressed.
3 Respondent-Corporation, during pendency of the petition, has deposited a sum of Rs.27,32,625/- in this Court. There is no serious objection on behalf of the petitioners for permitting Respondent-Corporation to withdraw the amount. In
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view thereof, Respondent-Corporation is permitted to withdraw the amount deposited in this Court.
4 Keeping open an option to the petitioners to avail of the remedies available in law, in the event of accrual of fresh cause of action, writ petition stands disposed of.
K.L.WADANE JUDGE
R.M.BORDE JUDGE
adb/wp277012
Shankarsing Hazari
State of Maharashtra
Municipal Corporation
R.M. Borde
K.L. Wadane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
