Suresh Popatrao Choramile And ORS v. The State Of Maharashtra And ORS

10-cwp-5396-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5396 OF 2021 Suresh P. Choramile and ors.

... Petitioners.

V/s.

The State of Maharashtra and ors.

... Respondents.

Digitally signed by DINESH SADANAND SHERLA Date:

2021.09.09 18:47:10 +0500 DINESH SADANAND SHERLA ---------------- Mr. Pankaj P. Deokar for the Petitioners.

Mr. S.B. Kalel, AGP for the Respondent - State. ----------------

CORAM

:

PRASANNA B. VARALE & N.R. BORKAR, JJ.

DATE :

09.09.2021.

P.C.

1] Heard the learned counsel for the petitioners. 2] In view of very limited grievance raised in the petition, i.e., inaction on the part of the respondent No.4-Dy. District Collector (Rehabilitation), Satara to decide the proceedings/application pending before him, we deem it appropriate to dispose of the petition at the stage of admission itself.

3] It may not be necessary for us to refer to the facts in detail, sufce to say that the petitioners had fled an application/proceeding before respondent No.4 under section 48(1) of Land Acquisition Act, 1894. The petitioners by said application are seeking deletion of their land from acquisition proceedings. The said application was fled in the year 2012 Dinesh Sherla 1/2

10-cwp-5396-21.doc and more preciously on 6.9.2012 and the same is pending before the said authority for decision.

4] Under the above circumstances and facts of the case, it would be appropriate to dispose of the present Writ Petition by directing the respondent No.4 - Dy. District Collector (Rehabilitation), Satara to decide the application/proceeding submitted by the petitioners on 6.9.2012, as expeditiously as possible and not later than six months from the date of receipt of copy of this order. We make it very clear that we have not expressed any opinion on the merits of the proceeding/application and the concerned authority shall decide the application, on its own merits and in accordance with law.

5] At this stage, the learned counsel for the petitioners submits that the petitioners had also fled an application for interim orders. If such an application is fled, the concerned authority shall decide the same expeditiously, after giving opportunity of hearing to the petitioners.

6] The learned AGP to communicate this order to the concerned competent authority.

7] All concerned to act on the basis of authenticated copy of this order.

(N.R. BORKAR, J.) (PRASANNA B. VARALE, J.) Dinesh Sherla 2/2