1 28 FA 663.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.663 OF 2026 [Nivrutti s/o Shankarrao Awachar .vs. Sanjanabai w/o Nivrutti Awachar and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.S. Sharma, Advocate for Appellant. Mr. A.P. Deshmukh, Advocate for Respondent Nos.1 to 3. ………… CORAM : PRAVIN S. PATIL, J. DATE : 23-09-2026. 1. In the present appeal, the preliminary objection is raised by the respondents by stating that the impugned order being passed under Section 76 of the Right to Fair Compensation Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Appeal under Section 74 of Act is not tenable. 2. The learned counsel for the respondents has pointed out that Appeal under Section 74 of the Act is tenable only in the matters where proceedings were filed under Section 69 of the Act. Admittedly, the impugned order is passed under Section 76 of the Act and, therefore, the present appeal is not tenable. 3. The learned counsel for the appellant in the light of this submission states that he may be allowed to withdraw the present appeal with liberty to file appropriate proceeding before this court. 4. Considering the submission of both the parties, the appellant is permitted to withdraw the present appeal with liberty to file appropriate proceeding in the matter. The interim 2 28 FA 663.26.odt order which is granted by this court shall remain continued for a period of two weeks and same shall be vacated automatically after a period of two weeks. 5. The Registry shall verify and refund the court fee as per the rules. (PRAVIN S. PATIL, J.) Gulande Signed by: A.S. GULANDE Designation: Senior Pvt. Secretary Date: 24/09/2026 10:47:07