The Court disposed of the civil application as withdrawn, granting liberty to the applicants to file a fresh petition regarding a land acquisition award.
The petition is disposed off as withdrawn, with liberty to file a fresh petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.4072 OF 2022
IN WP/6969/2021 WITH WP/6969/2021
SANJAY DAGADU YEVALE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
Mr.A.B.Kale, Advocate for the applicants.
Mr.P.K.Lakhotiya, AGP for respondent Nos. 1 to 3.
Mr.A.D.Pawar, Advocate for respondent No.4.
( CORAM : RAVINDRA V. GHUGE AND S.G. DIGE, JJ.)
DATE : APRIL 1, 2022
PER COURT:
1.We have perused the proposed amendment, especially in the light
of the documents from page Nos. 17 to 217 and we perceive that the
petitioners will have to carry out a lengthy amendment in the petition.
Instead, it would be appropriate if the petition is withdrawn with
liberty to file a fresh petition by setting forth appropriate pleadings with
regard to the same cause of action and the documents which are
annexed to the civil application.
khs/April 2022/6969
2. The learned Advocate for the petitioners submits that he may be permitted to withdraw this petition and file a fresh petition in the same cause and by setting forth additional grounds.
3. The learned Advocate for the respondents do not object, save and
except to the extent of the issue of a statutory remedy available.
4. Since we have noted that this petition is filed purely for seeking directions to deliver the award in the acquisition matter and deposit 80% of the amount in this Court and such award has been delivered
during the pendency of this petition, this petition is disposed off, as
withdrawn, with liberty to file a fresh petition in the same cause and for
assailing the award, as well.
( S.G. DIGE, J. ) ( RAVINDRA V. GHUGE, J.)
khs/April 2022/6969
Sanjay Dagadu Yevale and Others
The State of Maharashtra Through Its Secretary and Others
Ravindra V. Ghuge
S.G. Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court