Balu Pandurang Ghayal v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10145 OF 2015 Balu Pandurang Ghayal

...Petitioner

Vs.

State of Maharashtra & Ors.

...Respondents

Mr. A. Singh i/b. Mr. G.H. Potnis, Advocate for the Petitioner Mr. Kalel Siddheshwar, AGP for the State CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED :19TH OCTOBER, 2016 P.C. :

Parties through their Counsel.

2.

By filing this Petition under Article 226 of the Constitution of India, petitioner has challenged the order dated 30/12/2013 Exhibit-K passed by the Deputy Collector (Land Acquisition) No. 19, Pune whereby petitioner's claim has been rejected on the ground of nonsubmission of the documents mentioned at serial Nos. 1 to 10 in the impugned order.

3.

Learned Counsel for the petitioner submits that the Land Acquisition Officer has not taken into consideration the judgment dated 29/11/2013 passed by Division Bench of this Court in Writ Petition No. 9666 of 2013 with Writ Petition No.9667 of 2013 in the case Shri Dhondiba Sudam Sonwane Vs. The State of Maharashtra and in the case of Shri Shankar Bapu Shinde Vs. The State of Maharashtra which came to be passed about a month prior to the passing of the impugned order.

4.

On the other hand, learned AGP submits that since the said judgment was passed on 29/11/2013 Exhibit-L before passing of the impugned order that may not have been brought to the notice of the said Authority.

5.

Keeping in view the submissions made by the learned Counsel for the parties, we are disposing of this Petition by directing the Authority Deputy Collector (Land Acquisition) No. 19, Pune to reconsider the petitioner's application filed

under Section 28A(1) of the Land Acquisition Act afresh keeping in view the directions contained in the order dated 29/11/2013 passed by the Division Bench of this Court in the case of Shri Dhondiba Sudam Sonwane & Shri Shankar Bapu Shinde (supra). Let the decision as aforesaid be taken by the said Authority within 3 months from the date of receipt of copy of this order.

6.

In view of the aforesaid, the impugned order stands quashed. Petition is disposed of.

(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)