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2021 Supreme(Bom) 1170

R.G.AVACHAT
Maharashtra State Electricity Board Now, Maharashtra State Electricity Distribution Co Ltd – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Indraneel S Godsay, Advocate, S.N. Morampalle, Advocate, A.P. Bhandari, Advocate

JUDGMENT

R G Avachat, J. - Rule. Rule made returnable forthwith and heard finally with consent of learned counsel for the parties.

2. The challenge in this writ petition is to the order dated 17.02.2020, passed by the Civil Judge, Senior Division, Aurangabad in Regular Darkhast (Execution Proceeding) No.210 of 2014. By the impugned order, the application moved by the petitioner (for short, 'the Judgment Debtor) for recall of the order of issuance of warrant of attachment of movable properties of the Judgment Debtor on account of failure to clear/pay the decretal amount, came to be rejected.

3. Heard.

The Judgment Debtor is the Maharashtra State Electricity Distribution Company Limited, Aurangabad. For establishment of 33 K.V. sub-station, the land admeasuring 1600.36 square meters belonging to respondent Nos. 2 and 3 (Decree Holders), came to be acquired. The Special Land Acquisition Officer (S.L.A.O.) had determined the value of the land at Rs.3097/- per square meter vide award dated 10.07.2002.

Feeling aggrieved by and dissatisfied with the award passed by the S.L.A.O., the Decre







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