Shri. Jaysingrao Shinde v. State Of Maharashtra Thru Revenue Dept. And ORS

1/2 902.WPST.9949.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION (STAMP) NO. 9949 OF 2019 Shri. Jaysingrao Shinde ....Petitioner V/S State Of Maharashtra Thru Revenue Dept. & Ors.

....Respondents Mr. Shekhar Jagtap i/b. J. Shekhar & Co for the Petitioner Ms P. N. Diwan, AGP for Respondent Nos. 1 to 4-State. CORAM :

A. A. SAYED & ANUJA PRABHUDESSAI, JJ.

DATED :

03rd December, 2019 P.C.:

The Petitioner seeks to set aside the order dated 31.01.2018 passed the Revenue Minister in Case No. 2017/SK/277/ A-3 2.

By order dated 24th January, 2017 in Writ Petition No. 12808 of 2015, the Petitioner was permitted to make an application before the State Government for withdrawal of the subject land from acquisition. It is pursuant to that order that the impugned order dated 31.01.2018 has been passed deciding the application of the Petitioner.

3.

The Award was declared on 15th January, 1981. The AKN 1/2

2/2 902.WPST.9949.2019.doc compensation was received by the Petitioner on 26th May, 1981. In the impugned decision it is recorded that the land is in possession of the Irrigation Department and the name of the Irrigation Department has been inserted in the Revenue Record in respect of the acquired land. It is further stated that in all eight buildings have been constructed on the acquired land. It is also stated that the land is not lying vacant and the same is required by the State Government.

4.

In the circumstances, no case for interference with the impugned order is made out. The Petition is dismissed. (ANUJA PRABHUDESSAI, J.) (A. A. SAYED, J.) AKN 2/2