Dattatray Vasantrao Keshaowar, P.O.A ... vs Sub Divisional Officer And Competent ...
2024 Latest Caselaw 13958 Bom

Bombay High Court

Dattatray Vasantrao Keshaowar, P.O.A ... vs Sub Divisional Officer And Competent ... on 3 May, 2024

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2024:BHC-NAG:5300


                                                                                                                                                 03. CAO 562 of 2024.odt
                                                                                                   1

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

                                         CIVIL APPLICATION (CAO) NO.562/2024
                                                          IN
                                  MISC. CIVIL APPLICATION (REVIEW) ST. NO.5935/2024
                                                          IN
                                           WRIT PETITION NO.5817/2019 (D)

                           Dattatray Vasantrao Keshaowar and others
                                            ...Versus...
         Sub Divisional Officer and Competent Authority of Land Acquisition, Yavatmal,
                                  District Yavatmal and others

         - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
        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. I.M. Ghongade, Advocate for applicants
                                                                                 Ms D.V. Sapkal, AGP for respondent no.1

                                                                                 CORAM : AVINASH G. GHAROTE, J.

DATE : 03/05/2024

1. Heard.

2. For the reasons stated in the application, the delay in filing the application for review is condoned. The civil application is allowed and disposed of accordingly. No order as to costs.

MISC. CIVIL APPLICATION (REVIEW) ST. NO.5935/2024 IN WRIT PETITION NO.5817/2019 (D)

1. Mr. Ghongade, learned counsel for the applicants seeks review of the judgment dated 02/02/2024 passed in Writ Petition No.5702/2019 and connected matters on the ground

03. CAO 562 of 2024.odt

that the applicants were not parties to the petitions, and have rights accrued to them, which are required to be considered on the ground of concealment of material facts.

2. In case the applicants have an independent right, it is open for them to take appropriate steps, to ensure their protection. This, however, cannot be a ground for review of the judgment dated 02/02/2024 passed in Writ Petition No.5702/2019 and connected matters, as a plea of fraud, which was never the subject matter of the petitions, cannot be entertained, for the purposes of holding that a review would be maintainable.

3. I, therefore, do not see any reason to entertain the application for review. The Misc. Civil Application is dismissed. No order as to costs.

(AVINASH G. GHAROTE, J.)

Wadkar

Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 04/05/2024 12:39:48