Bombay High Court
Prakash Bhagwat Shingare And Anr vs The State Of Maharashtra And Ors on 5 August, 2021
Bench: K.K. Tated, Prithviraj K. Chavan
11-3732-21-CWP=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3732 OF 2021
Prakash Bhagwat Shingare & Anr. .. Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
.....
Mr. Bhalchandra S. Shinde for the petitioners
Mrs. S.S. Bhende, AGP for respondent nos. 1 and 2
CORAM : K.K. TATED &
PRITHVIRAJ K. CHAVAN, J.J.
DATED : 5th AUGUST, 2021
P.C.
1. Heard learned Counsel for the parties.
2. By this petition under Article 227 of the Constitution of
India, the petitioner is challenging the order dated 13 th July,
2021 passed by the Sub-Divisional Officer and Land
Acquisition Officer, Baramati Division, Baramati rejecting the
petitioner's application under Section 3H(4) of the National
Highway Act, 1956 for remitting the matter in Civil Court for
determining the payment of compensation.
3. The learned Counsel appearing on behalf of the petitioner
submits that the petitioner also filed Regular Civil Suit No.
222 of 2021 before the learned Civil Judge, Junior Division,
Indapur on 8th July, 2021 and preferred an Application below
1 of 2
::: Uploaded on - 07/08/2021 ::: Downloaded on - 07/08/2021 21:06:12 :::
11-3732-21-CWP=.doc
Exh.5 for stay. He submits that the Civil Judge, Junior
Division, Indapur by its order dated 16th July, 2021 after
hearing both the parties, directed to maintain status-quo.
4. Considering the submissions made by the learned Counsel
for the parties and the order dated 16 th July, 2021 passed by
the learned Civil Judge, Junior Division, Indapur in Regular
Civil Suit No. 222 of 2021, the following order is passed :-
ORDER
(i) Registry is directed to issue notice before admission to the respondents returnable on 30th September, 2021.
(ii) In addition to the usual mode of service, the applicant is permitted to serve the respondents along with entire proceedings, either by registered post AD and / or by hand delivery and file an affidavit of service to that effect on or before 22nd September, 2021.
(iii) The learned AGP waives service for respondent nos. 1 and 2.
(iv) Stand over to 30th September, 2021.
(PRITHVIRAJ K. CHAVAN, J.) (K.K. TATED, J.) 2 of 2 ::: Uploaded on - 07/08/2021 ::: Downloaded on - 07/08/2021 21:06:12 :::