Abdul Shameem Patel vs Land Acquisition And ...
2022 Latest Caselaw 12800 MP

                                                                                        WA No.1243/2017
                                                                      1

                                         High Court of Madhya Pradesh, Jabalpur
                                                     Bench at Indore
                                               BEFORE
                           HON'BLE SHRI JUSTICE SUBODH ABHYANKAR &
                           HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH

                                           ON THE 23RD OF SEPTEMBER, 2022

                                                     Writ Appeal No.1243/2017
                           Between: -
                           1.    Abdul Shameem Patel S/o Shri Hakeem Patel,
                                 Age: 40 years, Occupation: Agriculturist,
                           2.    Abdul Khaleel Patel S/o Shri Hakeem Patel,
                                 Age: 34 years, Occupation: Agriculturist,
                           3.    Abdul Jaleel Patel S/o Shri Hakeem Patel,
                                 Age: 32 years, Occupation: Agriculturist,
                           4.    Abdul Raheem Patel S/o Shri Hakeem Patel,
                                 Age: 30 years, Occupation: Agriculturist,
                                 All R/o 151, Magariya, Shajapur (MP)

                                                                                     .....APPELLANTS
                           (By Shri Manoj Manav, Advocate)

                           AND
                           1.    Land Acquisition & Rehabilitation Officer,
                                 NH-3 Project, Collectorate Office,
                                 District Shajapur (MP)

                           2.    The Collector,
                                 District Shajapur (MP)

                           3.    The Commissioner, Ujjain,
                                 Division Ujjain (MP)

                           4.    Project Director,
                                 NHAI, Project Implementation Unit-Indore,
                                 District Indore (MP)

                           (State of Madhya Pradesh by Shri Vaibhav Bhagwat, Government Advocate
                           AND National Highway Authority of India by Smt. Anita Sharma, Advocate)
                                                             .....RESPONDENTS
                           ................................................................................................................................
                           .


                                 This WRIT APPEAL coming on for hearing / judgment this


Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-09-2022
18:05:11
                                                                                                      WA No.1243/2017
                                                                         2

                                        day, Hon'ble Shri Justice Subodh Abhyankar, passed the
                                        following:
                                                                     ORDER

Heard finally, with the consent of the learned counsel for the parties.

This writ appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellants against order dated 07.12.2017 (Annexure A/1) passed by the learned Single Judge of this Court in Writ Petition No.8356/2016 whereby the interim order dated 19.12.2016 has been vacated by the Court.

2. Counsel for the appellants has submitted that the present writ appeal has already rendered infructuous. However, a liberty is sought to raise all the grounds in the pending petition, as this appeal has arisen out of an interim order.

3. The prayer appears reasonable.

4. Accordingly, Writ Appeal No.1243/2017 is dismissed as having rendered infructuous, with liberty as aforesaid.

All the other pending interlocutory applications, if any, shall stand disposed of.

                                             (Subodh Abhyankar)               (Satyendra Kumar Singh)
                                                   Judge                               Judge
                           Pithawe RC




Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-09-2022
18:05:11