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Bombay High Court

AMBARNATH SAH.SAMUDAIK SHETKI SOC.LTD.AND ORS.versusSTATE OF MAH. AND ORS.

Decided
Disposal
Disposed Off

Holding

The Court held that the reference to the 15 April 1983 order must be deleted and the sentence substituted as proposed by the State counsel.

Summary

The High Court heard a letters patent appeal (No.10 of 2011) filed by Ambarnath Sahakari Samudaik Shetki Society Limited and others against the State of Maharashtra. During the hearing, counsel for the State pointed out an error in paragraph 20 of the Court's earlier judgment, specifically the reference to an order dated 15 April 1983. The Court examined the submission and agreed that the reference should be removed and the sentence re‑phrased. Accordingly, the Court ordered that the sentence “The State Government has passed the order dated 15 th April 1983 of resumption of land which is completely in accordance with law.” be deleted and replaced with “The State Government has passed orders of resumption of land which are completely in accordance with law.” The corrected judgment was to be made available to the parties.

Issues considered

  • What correction, if any, is required in paragraph 20 of the Court's judgment concerning the reference to the 15 April 1983 land‑resumption order?

Subjects

  • judgment correction
  • letters patent appeal
  • land resumption
  • procedural amendment
  • high court order

Judgment

                                                                                                         3.LPA.10.2011.DOC



                                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                       CIVIL APPELLATE JURISDICTION

                                                     LETTERS PATENT APPEAL NO.10 OF 2011

                                  Ambarnath Sahakari Samudaik Shetki
                                  Society Limited and others                                           Appellants
                                               versus
                                  The State of Maharashtra and others                                  Respondents

                                                                        _______

                                  Mr.Kunal Damle with Mr.Rupesh R.Lanjekar for Appellants.
                                  Mr.A.A.Kumbhakoni,       Senior   Advocate,      withMs.Neha    Bhide,Govt.Pleader,
                                  Mr.P.G.Sawant, AGP, for State.
                                  Mr.Balkrishna D.Joshi for Respondent no.6.
                                                                        _______

                                                              CORAM:          G. S. KULKARNI &
                                                                              AARTI SATHE, JJ.

                                                              DATE:           2nd February 2026

                                  P.C.

                                  1.           Today the proceedings are listed for Speaking to the Minutes of order

                                  dated 28th January 2026 as passed by us on the aforesaid appeal at the instance of

                                  Respondent-State.     Mr.Kumbhakoni has drawn our attention to the relevant

                                  paragraphs of our Judgment and Order to contend that in paragraph no.20, line

                                  number four, the reference to the order dated 15 th April 1983 be required to be

                                  deleted and the sentence in which the said reference is made, be recast.

                                  2.           Having perused the Judgment and Order, we accept Mr.Kumbhakoni’s

MANISH
            Digitally signed by
            MANISH
                                  submission, learned counsel for the State Government. Accordingly the following
            SURESHRAO
SURESHRAO   THATTE
THATTE      Date: 2026.02.03
            09:59:31 +0530
                                  sentence in paragraph 20 of our Judgment and Order be deleted :




                                                                     Page 1 of 2
                                  M.S.Thatte
                                                                          3.LPA.10.2011.DOC



             “The State Government has passed the order dated 15 th April 1983 of
             resumption of land which is completely in accordance with law.”

The aforesaid statement be substituted by following sentence :

             “The State Government has passed orders of resumption of land
             which are completely in accordance with law.”

3.               The Judgment and Order in paragraph 20 be accordingly corrected and

be made available to the parties.




             (AARTI SATHE, J.)                       (G. S. KULKARNI, J.)




                                       Page 2 of 2
M.S.Thatte


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