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- Allowed To be withdrawn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The appeal was disposed of as withdrawn.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 The Court entertained the application and ordered that the appeal be disposed of as withdrawn.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 Appeal is disposed of as withdrawn.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.
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HMK 20. FA-1094-2001.doc
5. Refund of Court fees as per Rules.
[ S. M. MODAK, J. ]
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