1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 448 OF 1993 (Putli Begum wd/o Hidayat Beg & Ors. vs. State of Maharashtra & Anr.) AND FIRST APPEAL NO. 309 OF 1992 (State of Maharashtra & Anr. vs. Putli Begum wd/o Hidayat Beg & Ors.) WITH FIRST APPEAL NO. 419 OF 1992 (State of Maharashtra & Anr. vs. Daud Jumma Sayani) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 05, 2009. Heard Shri A.D. Girdekar, Advocate holding for Shri Tathod and Shri Ingle, learned counsel for the land owners and Shri Yengal and Kankale, learned AGPs in the respective appeals for the State Government. The lands acquired in these matters are from village – Ukhali and Land Acquisition Officer granted rate of Rs.9,500/- per hectare. Reference Court has increased it to Rs.40,000/- per hectare. The parties state that consideration by Reference Court is identical as in village – Chincholi and First Appeal No. 283 of 1995 arising out of lands from Land acquisition from said village is already decided 2 by this Court on 11th February 2009. The copy of said judgment is produced for perusal. That was the appeal filed by the State Government and after considering the rival arguments this Court has found the rate granted by Reference Court to be just and proper. Here, First Appeal No. 309 of 1992 and First Appeal No. 419 of 1992 are by State Government for seeking reduction in the amount granted by Reference Court. First Appeal No. 448 of 1993 is by the land owner for further enhancement. First Appeal No. 309 of 1992 was called from Registry for consideration along with connected matters i.e. mentioned above as it was not on board. On perusal, it was found that it has been dismissed for not filing of paper book on 8.8.2005. After learning this, the learned AGP invited attention to the fact that practice note No.20 about filing of paper book is not attracted here and as Shri Tathod, learned counsel is very much before this Court, the learned AGP requests for restoring the matter back to file. Shri Tathod, learned counsel has no objection. Accordingly, the First Appeal No. 309 of 2002 is restored back to file by recalling order dated 8.8.22005. The parties state that the controversy is squarely covered by the judgment dated 11.2.2009 3 mentioned above. The learned counsel for the land owners in First Appeal No. 419 of 1992 has however pointed out that application for bringing on record the names of legal representative of the deceased respondent along with application for condonation of delay are pending. In the circumstances, delay in bringing legal heirs is condoned and legal heirs are permitted to be brought on record. The necessary amendment in this respect be carried out by the appellants by 23rd March 2009. In view of the arguments advanced, as controversy is covered by adjudication in First Appeal No. 283 of 1995, the present First Appeals are dismissed, however, without any order as to costs. JUDGE *GS.