Vidarbha Irrigation Devp. Corpn. ... vs Manik Shivram Raut And 2 Ors
2021 Latest Caselaw 15441 Bom

                                      1          206-fa-187-09 - J.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 NAGPUR BENCH AT NAGPUR

                      FIRST APPEAL NO. 187 OF 2009

      Vidharbha Irrigation Development
      Corporation,
      Through its Executive Engineer, Minor                .. APPELLANT
      Irrigation Division, Wardha, Tahsil -
      Wardha, District - Wardha
                          Versus
1.    Manik S/o Shivram Raut,
      Aged about 65 years,
      Occupation - Cultivator,
      Resident of Pipalgaon,
      Tah. Arvi, District - Wardha
2.    State of Maharashtra, Through Collector,          .. RESPONDENTS
      Wardha


3.    Special Land Acquisition Officer,
      Nippon Denro Inspat, Wardha, Tah. and
      Distt. Wardha


Mr. C.V. Dhumane, Advocate for appellant
Mr. K.L. Dharmadhikari, A.P.P. for respondent

                                  CORAM: V.M. DESHPANDE, J.

                                  DATE :    27/10/2021


ORAL JUDGMENT :

This appeal was filed in the year 2009 by Vidharbha

Irrigation Development Corporation through its Executive

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Engineer, Minor Irrigation Division, Wardha under Section 54 of

the Land Acquisition Act to challenge the judgment and decree

passed by the learned Adhoc District Judge -2, Wardha dated

08/01/2007 in Land Acquisition Case No. 139/2001. By the

impugned judgment and decree, the learned Reference Court

partly allowed the Reference Petition filed by respondent No.1 -

Manik Raut. The appeal was admitted by this Court (Coram :

Prasanna B. Varale, J.) on 19/03/2009. By admitting the appeal

the Court directed the appellant to deposit the decretal amount

in this Court within a period of four weeks. Thereafter, on

03/07/2009, the matter was listed again and on that day, the

learned counsel for the appellant made a statement that the

amount is deposited in the Reference Court on 02/08/2008. His

statement was accepted. Therefore, this court (Coram : A.B.

Chaudhari, J.) directed the Reference Court to invest the

amount in fixed deposit in any nationalized bank until decision

of the appeal. Liberty was granted in favour of the respondent /

claimant to apply for withdrawal.

2. In pursuance to the notice, Shri C.V.Jagdale, learned

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counsel filed vakalatnama for respondent No.1 (original

claimant). Today, he is absent.

3. Today, when the matter taken up for its final hearing,

the learned counsel Shri Dhumane for appellant and Shri K.L.

Dharmadhikari, learned AGP for respondents / State are

present. The learned counsel for the appellant - VIDC submitted

that he has instructions on behalf of appellant - VIDC to

withdraw the appeal and he tendered pursis along with the

written instructions to him by the Executive Engineer for

withdrawal of the appeal. The said pursis along with written

instructions are taken on record and marked as 'Exhibit X'.

4. In view of the pursis, following order is passed.

(i)           Appeal is disposed of as withdrawn.


(ii)          If the compensation amount deposited by the

appellant is not withdrawn by the respondent No.1 - Manik

Raut, the learned Reference Court is directed to issue notice to

respondent No.1 - Manik and disburse the amount deposited by

the appellant along with accrued interest immediately.

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5. With this, the appeal stands disposed of.

JUDGE MP Deshpande