The State Of Maharashtra, Thr. ... vs Kanna Satyanarayan S/O K.V. ...
2021 Latest Caselaw 15480 Bom

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

                             WRIT PETITION NO. 54/2018
             The State of Maharashtra and anr...Versus... Kanna Satyanarayan
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                            Mr. A.A.Madiwale, AGP, for petitioners.
                                            Mr. Rohit Joshi, Advocate for Respondent


                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 27/10/2021

Heard learned counsels for the parties.

In a suit filed by the respondent, the challenge was to the communication by the authority, not to give the lots, in respect of which the plaintiff was the highest bidder in the auction, to the plaintiff/respondent, till further orders on account of complaint made regarding their auction. This was in the year 2015. By a communication dated 9.12.2015, the Forest Department had rejected the sale of the lots, as indicated therein and declared that they would be reauctioned. An application for injunction came to be rejected by the learned trial court by order dated 16.12.2015, appeal against which came to be partly allowed by judgment dated 30.4.2016, whereby the defendants were restrained from putting the lots to reauction/auction till the final decision of the suit. It is this judgment in appeal which is being challeged.

wp54.18.odt

Mr. Joshi, learned counsel for respondent fairly makes a statement, on instructions, that considering the time which has elapsed, the plaintiff/respondent is not interested in the lots and they can be put to auction, considering which the impugned judgment dated 30.4.2016 passed by the District Judge-2, Chandrapur, in M.C.A. No. 73/2015, is hereby quashed and set aside. The petition is allowed in the above terms. No costs.

Needless to mention that the petitioners/ defendants shall be free to put Lot Nos.. 4692, 4701, 4675 and 4690 to auction.

JUDGE rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:27.10.2021 17:57