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Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE CIVIL JURISDICTION LETTERS PATENT APPEAL NO.115 OF 2012 IN WRIT PETITION NO.4852 OF 2912 WITH CIVIL APPLICATION NO.171 OF 2012 Shri Prabhakar Raghunath Patil & Ors. ..Appellants Versus The Secretary, Pimpalgaon Agriculture Produce Market Committee & ors. ..Respondents. Mr. M.S. Karnik i/b. Sachin Gite for the appellants. Mrs. Prashant Darandale, AGP for respondent Nos.3 to 5 for State. CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J. DATE : 13 August 2012. P.C. This appeal is directed against the interlocutory order dated 14 June 2012 of the learned Single Judge declining to grant interim relief, while admitting the appellants' Writ Petition against the judgment and order dated 15 May 2012 of the Additional Collector, Nashik in Revision Application No.50 of 2012 against the judgment and order dated 30 March 2012 passed by the learned Tahsildar, Dindori. By the said order the Tahsildar had granted permission to respondent No.1- Pimpalgaon Agricultural Produce Market Committee for laying down pipeline for carrying water for drinking purposes under the land belonging to the appellants, 7 in number, and 3 others. The appellants' case is that such permission can be granted only for carrying water for irrigation purposes and not for drinking purposes. The learned Single Judge has admitted the petition for considering the questions of law raised in the Writ Petition. However, the learned Single Judge has found that the balance of convenience is against the appellants and in favour of the respondents. We see no reason to interfere with the impugned order which is only an interlocutory order. The learned counsel for the appellants, however, submits that by allowing large quantity of water for drinking purposes, the water table level will come down considerably and will adversely affect the appellants right to draw water for irrigation purposes. The learned counsel for the appellants, therefore, states that the appellants would like to make representation to the Tahsildar for restricting the quantity of water to be supplied for drinking purposes. It is clarified that pendency of the Writ Petition before the learned Single Judge shall not preclude the appellants (Writ Petitioners) from making such representation, but we make it clear that we may not be treated to have expressed any opinion on the issue. Subject to the above, the Appeal is dismissed without going into the merits of the controversy between the parties. In view of the disposal of the appeal, the Civil Application does not survive and the same is disposed of accordingly. CHIEF JUSTICE (N.M. JAMDAR, J.)
1) Document Filed: Report
Filed By : P. N. Joshi
Filed Document - Date of Receiving - 1: 02/07/2012
2) Document Filed: Vakalatnama
Advocate: Govt. Pleader For Res.No. 3 To 5 (N.A.)
Filed Document - Date of Receiving - 2: 06/08/2012
Respondent-1: The Secretary
Respondent-2: Pimpalgaon Agricultural Product Market Committee
Respondent-3: Pimpalgaon (baswant)
Respondent-4: Ors
Petitioner-1: Shri. Prabhakar Raghunath Patil
Petitioner-2: Ors
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1167 OF 2019 = 2019 M/s. Suprim Engineering Versus Petitioner The State of Maharashtra and others WITH Respondents WRIT PETITION (ST) NO.13138 OF 2019 OF 2019 … M/s.Shalaka Polymers Versus Petitioner The State of Maharashtra and others. Respondents Mr. Sachin Gite, Advocate for the Petitioner. Mrs.S.S.Bhende AGP for Respondent No.1. Ms.G.U.Shinde AGP for State. Adv.Khushbu Marwadi i/b Jay & Co. for the Respondents Nos.2 & 3. CORAM : A.A. SAYED & PRAKASH D. NAIK, JJ. DATED : 18 OCTOBER 2019 1/1 P.C.: On the request of the learned Counsel for the Petitioners, the Petitions are allowed to be withdrawn and to stand disposed of. The letters dated 16-10-2019 of the Petitioners to their Advocate are taken on record. (PRAKASH D. NAIK,J.) (A.A.SAYED, J.)
1) Document Filed: Vakalatnama
Advocate: Government Pleader Writ Cell
Filed Document - Date of Receiving - 1: 17/05/2019
2) Document Filed: Vakalatnama
Advocate: Msjayandco
Filed Document - Date of Receiving - 2: 16/08/2019
Respondent-1: The State Of Maharashtra Through The Secretary
Respondent-2: Ors.
Petitioner-1: Shalaka Polymers Through Its Proprietor
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO. 1008 OF 2019 Shri. Narayan Punja @ Punjaji Nagare ....Appellant V/S The Divisional Manager, Maharashtra State Road Development Corporation Ltd., ....Respondent Sachin Gite For Appellant CORAM : K.K. TATED, J DATE : 30th July, 2019 P.C. : At the request of learned advocate for the Appellant, Stand over to 6/8/2019 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: 45.1008.19-fa.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION First Appeal No.1008/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Sachin Gite for the Appellant CORAM: K.K.TATED, J. DATED : AUGUST 6, 2019 P.C. 1 Heard. By this appeal, the Appellant claimant challenges the judgment and award dated 12.02.2019 passed by the MACT, Niphad in MACP No.45/2015 dismissing their claim petition under section 166 of the Motor Vehicles Act, 1988. 2 Considering the submissions made by the learned counsel for the Appellant and the reasons recorded by the Tribunal in para 13 of the impugned judgment and award, following order is passed: a. Admit. b. The Appellant is directed to file private paper book within one year from today with copy to other side, failing which the First Appeal shall stand dismissed without further reference to the court. c. Printing dispensed with. d. Call R & P. e. Hearing expedited. f. Liberty granted to the Appellant to move for early hearing once the paper book is filed and R & P is received. (K.K.TATED, J.)
Respondent-1: The Divisional Manager
Respondent-2: Maharashtra State Road Development Corporation Ltd.
Petitioner-1: Shri. Narayan Punja @ Punjaji Nagare