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Bombay High CourtWP/13149/2019dismissed

Bhausaheb Vitthal Patil v. The Divisional Commissioner, Revenue , Pune Div. And ORS

2020-01-07Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre2 pages

(6)-WP-13149-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13149 OF 2019 Bhausaheb Vitthal Patil ..Petitioner

Versus

The Divisional Commissioner Revenue, Pune Division, Pune & Ors.

..Respondents Mr. Milind Deshmukh, Advocate for the Petitioner. Ms. Nisha Mehra, AGP for the Respondent - State. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 7th JANUARY, 2020 P.C.

1] The Writ Petitioner claims to be a project affected person and desires a mandamus to be issued by the Court directing the 1st Respondent to decide his representation dated 30th April 2019. 2] In the Writ Petition there is no averment regarding Gat Number of the land belonging to the Petitioner which was acquired. There is no reference to any award pursuant whereto the land was acquired. There is no pleading to the area of the land acquired. No document of title has been filed.

3] The representation which the Petitioner wants to be decided has been annexed as Exh.A and the same records that acquisition proceedings have lapsed.

BGP.

(6)-WP-13149-19.doc.

4] Suffice it to state a mandamus can be issued only when it is shown that the Petitioner has a right which has been infringed upon by the Respondent.

5] Nothing of the kind being shown, we dismiss the Writ Petition.

SMT. BHARATI DANGRE, J CHIEF JUSTICE by Balaji G.

Panchal Date:

2020.01.07 16:30:07 +0530 Balaji G.

Panchal BGP.