Shri. Ganpati Dada Patil v. The Collector, Kolhapur And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION WRIT PETITION NO. 11719 OF 2015 Ganpati Dada Patil
...Petitioner
Vs.
The Collector, Kolhapur & Ors.
...Respondents
ALONG WITH WRIT PETITION NO. 11720 OF 2015 Yogiraj Suresh Patil
...Petitioner
Vs.
The Collector, Kolhapur & Ors.
...Respondents
Mr. Uday Bhagwanrao Nighot for the Petitioner Mr. V.S. Gokhale AGP for the Respondents CORAM : A.S.OKA, & C.V. BHADANG, JJ.
DATE : JANUARY 05, 2016 P.C.:
1.
Heard learned Counsel appearing for the petitioners and the learned AGP for the Respondents.
2.
The impugned communication in both the petitions show that the applications made by the petitioners under Sub Section 1 of Section 48 of the Land Acquisition Act, 1894 are pending before the Additional Commissioner, Pune Division, Pune. 3.
The impugned communication dated 28th November, 2015 in both the petitions clearly notes that the said applications are pending. The learned Counsel appearing for the petitioners
states that even as of today, the applications are pending. We accept the statement.
4.
Hence, in view of pendency of the applications, we need not keep the writ petitions pending and we dispose of the writ petitions by passing the following order:
(i) We direct the petitioners to appear before the Additional Commissioner, Pune Division, Pune on 1st February, 2016 at 11 a.m.;
(ii) The petitioners shall produce an authenticated copy of this order before the Additional Commissioner, Pune, Division, Pune;
(iii) The Additional Commissioner, Pune Division, Pune shall decide the pending applications under Section 48(1) the Land Acquisition Act, 1894 as expeditiously as possible and preferably within a period of three months from 1st February, 2016;
(iv) Till the disposal of the applications, the ad-interim relief granted by this Court in terms of clause 4 of the order dated 24th December, 2015 shall continue to operate; (v) The orders passed on applications, be communicated to the petitioners. If the orders be adverse to the petitioners, the ad-interim order shall continue to operate for a period of four weeks from the date of which the orders are communicated to the petitioners;
(vi) All the contentions on merits are kept open.
(vii) The pending applications shall be decided without being influenced by the limited protection granted by this Court;
(viii) The petitions are disposed of accordingly. (C.V. BHADANG,J.) (A.S.OKA,J.)