Shri. Hiren Bhupendra Shah And ORS v. The State Of Maharashtra And ORS

ash wp-6684.14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6684 OF 2014 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Siddharth P. Munghate for the Petitioners. Shri V.S. Gokhale, AGP for Respondent Nos.1 to 3 - CORAM :

A.S. OKA & REVATI MOHITE DERE, JJ DATED : 24TH JULY 2015 P.C.:

.

Heard the learned counsel appearing for the Petitioners. It is not in dispute that for seeking the relief which is prayed for in this Petition, there is a remedy available to the Petitioners under the Railways Act.

2.

We, therefore, decline to entertain this Petition. We dispose of the Petition by keeping the remedy of the Petitioners open.

ash wp-6684.14 3.

At this stage, the learned counsel appearing for the Petitioners submits that the Respondents be restrained from taking over possession of the acquired land. If the Petitioners want to prevent the Respondents from taking over possession of the acquired land, the Petitioners will have to challenge the acquisition in accordance with law. Therefore, no such relief can be granted in this Petition. (REVATI MOHITE DERE, J) (A.S.OKA, J)