Created by Fuzzy Cloud

Bombay High Court

THE STATE OF MAHARASTHRAversusHUSEINMIYA HOHAMAD METKAR

Decided
Disposal
Allowed To be withdrawn

Holding

The appeal was disposed of as withdrawn.

Summary

The State of Maharashtra filed an appeal against Huseinmiya Hohamad Metkar concerning a land acquisition award and its enhancement by the Reference Court, which was within the four‑times limit prescribed by government notifications dated 3 November 2016, 11 May 2018 and 13 August 2018. The Additional Government Pleader for the State sought permission to withdraw the appeal. The Court entertained the application and ordered that the appeal be disposed of as withdrawn. Consequently, any civil applications that might have been pending in the same proceedings were also dismissed. The Court directed a refund of court fees in accordance with the applicable rules.

Issues considered

  • Whether the appellant may be permitted to withdraw the appeal at the stage of the proceedings

Subjects

  • appeal withdrawal
  • civil procedure
  • land acquisition
  • court fees

Judgment

 HMK                                                           20. FA-1094-2001.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                     FIRST APPEAL NO. 1094 OF 2001

The State Of Maharasthra                                  ...Appellant
               Versus
Huseinmiya Hohamad Metkar                                 ...Respondent
__________________________________________________________________

Mr. A. R. Patil, Additional G. P. for the Appellant.
None for the Respondent.
__________________________________________________________________

                                   CORAM : S. M. MODAK, J.

                                   DATED : 24th SEPTEMBER 2026


P. C. :

1.        Learned Additional Government Pleader (AGP) submitted that
the amount granted by the Special Land Acquisition Officer (SLAO)
and the amount of enhancement by the Reference Court, the increase is
within four times. As per the Government Notifications dated 03 rd
November, 2016, 11th May, 2018 and 13th August, 2018.

2.        He is seeking liberty to withdraw the Appeal.

3.        Appeal is disposed of as withdrawn.

4.        Consequently, Civil Applications, if any, do not survive and are
disposed of accordingly.

                                     1 of 2
HMK                                                  20. FA-1094-2001.doc


5.    Refund of Court fees as per Rules.




                                           [ S. M. MODAK, J. ]




                                 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.