Basawaraj Apparao Biradar v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1208 OF 2019 Basawraj Apparao Biradar, Age: 40 years, Occ: Agri., R/o. Dhanegaon, Tal. Deoni, Dist. Latur.

..PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, Revenue Department, Mantralaya, Mumbai.

2.

The District Collector, Latur, Dist. Latur.

3.

The Executive Engineer, Minor Irrigation (Local Sector), Division Latur, Latur, Dist. Latur.

4.

Sub Divisional Engineer, Minor Irrigation, Local Sector, Sub Division, Udgir, Tal. Udgir, Dist. Latur.

5.

Sub Divisional Water Conservation Officer, Soil and Water Conservation, Sub Division, Nilanga, Tal. Nilanga, Dist. Latur.

6.

Special Land Acquisition Officer, (Purna Project), Latur, Dist. Latur.

..RESPONDENTS Mr Krishna P. Rodge, Advocate for petitioner; Mr S.S. Dande, A.G.P. for respondent/State

(2) CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 30th JANUARY, 2019 ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

The petitioner is before this Court with basic prayer; prayer clause (C).

3.

Perusal of the material placed on record show that notice was issued by the Special Land Acquisition Officer, (Purna Project), Latur on 18th June, 2010 under Section 4(1) of the Land Acquisition Act, 1894 calling upon him to submit his say/objection. Then notice under Section 9 of the Land Acquisition Act was issued on 25th October, 2011.

4.

The petitioner himself has placed on

(3) record a communication issued by the Collector, Latur to Sub Divisional Officer, Nilanga informing him that the petitioner had approached Hon'ble Lokayukt with a grievance/complaint. The Collector, Latur, by communication dated 12th March, 2018 informed the Sub Divisional Officer, Nilanga that initially hearing was scheduled on 26th March, 2018 before Hon'ble Lokayukt and same is postponed to 11th April, 2018. The Collector also forwarded copy of this communication to the petitioner informing him to attend the hearing before Hon'ble Lokayukt on 11th April, 2018 at 12.00 noon.

5.

There is no statement in the petition to state that the proceeding before the Hon'ble Lokayukt is concluded after hearing which was scheduled on 11th April, 2018. In view of this, what emerges from perusal of the record is, the petitioner is approaching two forum simultaneously for raising his grievance. The proceeding which is already initiated by the petitioner before the Hon'ble Lokayukt is pending till date.

(4) 6.

In view of these facts, we are unable to entertain the petition at this stage. We dispose of the petition, with liberty to approach this Court as and when decision is taken by the Hon'ble Lokayukt and if the petitioner is aggrieved by the decision of the Hon'ble Lokayukt.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe