Smt. Usha Arun Gajbhiye vs Mah. Agriculture Produce ...
2017 Latest Caselaw 5299 Bom

                                                   cas725.15&sa197.14


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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH : NAGPUR
                       Civil Application No. 725 of 2015
                                     And
                        Second Appeal No.197 of 2014


 Smt. Usha Arun Gajbhiye,
 aged 38 years,
 occupation - business,
 resident of Kumbhare Nagar,
 Gondia,
 Tq. & Distt. Gondia.                          .....           Appellant.
                                                             Defendant.


                                    Versus


 1.     Maharashtra Agriculture Produce
        Marketing Committee,
        Tirora,
        District - Gondia,
        through its Secretary
        Raghvendra Singh son of
        Chandan Singh Bais,
        aged about 51 years,
        occupation - Service,
        resident of Tirora,
        Tq. Tirora,
        Distt. Gondia.

        .....Original Plaintiff.

 2.     Municipal Council, Tirora,



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                                                       cas725.15&sa197.14


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        through its Chief
        Officer, Tq. Tirora,
        Distt. Gondia.

        .....Org. Defendant No.2.                   .....        Respondents.


                                 *****
 Mr. Mirza, Adv., for the appellant.

 Mr. I. N. Chaudhari, Adv., for respondent no.1.

 Mr. M.I. Dhatrak, Adv., for respondent no.2.

                                      *****


                                 CORAM :        A.S. CHANDURKAR, J.

                                 Date       :    31st July, 2017

 ORAL JUDGMENT:

01. After admission of this appeal, the appellant has moved

aforesaid Civil Application seeking disposal of the appeal in view of the

orders passed in Writ Petition No.5587 of 2014.

02. The respondent no.1 is the original plaintiff that had filed

suit for declaration with regard to land Survey Nos. 202/1-A and 202/1-

B. The declaration sought was, as the land was reserved for

construction of Mandi and godown, no construction should be made

thereon by the owner of the property. The suit was decreed and

cas725.15&sa197.14

appeal filed by the defendant no.1 was dismissed.

03. During pendency of the proceedings, the defendant no.1 had

filed Writ Petition No. 5587 of 2014 seeking a declaration that the land

acquisition proceedings for acquiring the aforesaid land had lapsed.

By order dated 6th April, 2015, the Writ Petition was disposed of by

declaring that the acquisition proceedings for the suit land had lapsed

in view of provisions of Section 11A of the Land Acquisition Act, 1894.

In that backdrop, the Civil Application has been filed stating therein

that the cause for seeking the declaration in the suit no longer

survives.

04. The original plaintiff has filed an affidavit dated 25th July,

2016. In para 3 thereof, it has been stated that the Body of

Administrators has taken a decision that due to paucity of funds, the

land of the defendant no.1 cannot be acquired. The respondent no.2

has also filed an affidavit in terms of the order passed by this Court.

05. Considering the fact that the original plaintiff does not desire

to acquire the land in question and the acquisition proceedings having

been declared to have lapsed, the cause for filing the suit now does

not survive.

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06. In view of aforesaid subsequent developments, the prayer

made in the Civil Application is granted. The judgment in Regular Civil

Suit No. 61 of 2012 dated 29th April, 2013 as confirmed in Regular

Civil Appeal No. 70 of 2013; decided on 9th December, 2013 is,

therefore, set aside. It is observed that the rights of the parties would

be governed by the adjudication in Writ Petition No. 5587 of 2014.

07. Second Appeal is disposed of. No costs.

Judge

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