Ananda @ Appa Nhanu Vaskar Decd Thru Lhr Kundalik Ananda Vaskar v. The Addl. Collector, Kolhapur And ORS

(8)-WP-154-20.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.154 OF 2020 Ananda @ Appa Nhanu Vaskar Since deceased through his legal heir Kundalik Ananda Vaskar ..Petitioner

Versus

The Additional Collector Kolhapur District, Kolhapur & Ors.

..Respondents Mr. Kedar P. Lad i/by Mr. P. D. Dalvi, Advocate for the Petitioner. Mr. Y. S. Khochare, AGP for Respondent Nos.1 to 3. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 13th JANUARY, 2020 P.C.

1] The Petitioner claims to be a project affected person and raises a grievance that his demand application dated 12th June 2019 has not been decided till date by the Collector (Rehabilitation). 2] In the Petition there is no reference to the particulars of the land stated to have been acquired. There is no reference to the award by which the land was acquired.

3] The application stated to have been filed has been annexed as Exh.A and neither in the application nor in the affidavit in support of the application we find any reference being made to the stated land acquired.

BGP.

(8)-WP-154-20.doc.

4] It would be useless to direct a decision to be taken on Exh.A for the reason the application contains no material particulars warranting application of mind by any authority. 5] Thus, we reject the Petition as sans a cause of action pleaded.

6] Since the Petition has been rejected on account of no cause of action pleaded, the Petitioner would be entitled in law to file a proper application containing particulars of the land allegedly acquired and additionally referring to the award by which the land was acquired.

7] As and when if such application is filed, the same would be accorded due consideration by the officer to whom the representation is submitted.

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

Panchal Date:

2020.01.13 14:59:25 +0530 Balaji G.

Panchal BGP.