Shri. Namdev Kashinath Mhatre And ... vs Special Land Acquisition ...
2021 Latest Caselaw 15568 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2021.10.29
             14:35:48 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO.4974 OF 2021


                                   Namdev Kashinath Mhatre & Ors.             ..            Petitioners

                                           Vs.

                                   Special Land Acquisition
                                   Officer, Metro Centre No.1,
                                   Uran & Anr.                                ..           Respondents

                                                                      ...

                                   Mr. Aditya S. Desai for the petitioners.

                                   Mr. A.P. Vanarse, A.G.P. for respondent No.1.

                                   Mr. Harshad A. Sathe for respondent No.2.
                                                                 ...

                                                      CORAM : SMT. BHARATI DANGRE, J.

                                                      DATED       : 28TH OCTOBER, 2021.

                                   P.C:-

1. Learned counsel for respondent No.2 fairly states that the legal position involved in the writ petition is against him in terms of the decision of the Apex Court in the judgment in Muthavalli of Sha Madhari Diwan Wakf S. J. Syed Zakrudeen & Anr. v. Syed Zindasha & Ors. reported in 2009 All SCR 1415.

                                   AJN
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2. Considering the said position, learned counsel seeks sometime to ascertain whether any amicable solution can be worked out between the petitioner and respondent No.2. At his request, stand over to 25/11/2021.

3. Needless to state that since the position of law clearly emerges to the effect that the third party cannot be permitted to impleaded or include in the proceedings of reference, which is a lis between the claimants and the State Government/Special Land Acquisition Officer, the lower court shall not give effect to the impugned order.

4. Stand over to 25/11/2021.

[SMT. BHARATI DANGRE, J.]

AJN