Sabera Begum Sahabaz Khan And Another v. Mohd Sajid Mohd Taher And Others

WP 3182/21 & Ors.

+IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 964 WRIT PETITION NO.3182 OF 2021 SABERA BEGUM SAHABAZ KHAN AND ANOTHER

VERSUS

MOHD SAJID MOHD TAHER AND OTHERS ...

965 WRIT PETITION NO.3187 OF 2021 SABERA BEGUM SHAHBAZ KHAN AND ANOTHER

VERSUS

MOHD MUJAHID MOHD TAHER AND ANOTHER ...

966 WRIT PETITION NO.3204 OF 2021 SABERA BEGUM SHAHBAZ KHAN AND ANOTHER

VERSUS

MOHD ATHAR MOHD TAHER AND ANOTHER ...

967 WRIT PETITION NO.3211 OF 2021 SABERA BEGUM SHAHBAZ KHAN AND ANOTHER

VERSUS

MOHD SAJID MOHD TAHER AND OTHERS ...

968 WRIT PETITION NO.3240 OF 2021 SABERA BEGUM SHAHBAZ KHAN AND ANOTHER

VERSUS

MOHD. SAJID MOHD TAHER AND ANOTHER ...

Advocate for Petitioners in all petitions: Mr. G.R. Syed AGP for Respondent/SDO in all petitions : Mr. K.B. Jadhavar Advocate for other Respondents in all petitions : Mr. P.D. Suryawanshi ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 14/03/2023 PER COURT :

1.

By way of present writ petitions, the petitioners challenge the order passed by the respondent authority granting compensation to the private

WP 3182/21 & Ors.

respondents.

2.

Mr. G.R. Syed, learned counsel for the petitioners submit that the petitioners are the owners of the land which are acquired by the respondent authority and civil suit is pending between the parties and the compensation matter ought to have referred to Land Tribunal. The learned counsel for the petitioners further submits that, however, the authorities have granted compensation to the respondents and that the respondents have also withdrawn the compensation.

3.

Mr. P.D. Suryawanshi, learned counsel appearing for private respondents submits that the respondents are owners of the acquired lands and are in possession of the acquired property and that they have filed suit for injunction against the petitioners and the said suit is also decreed.

4.

In view of the aforesaid submissions, it appears that as far as the present acquisition proceedings are concerned nothing survives in the matters and the present writ petitions can be disposed of with liberty to the petitioners to approach the civil court or any other forum and get their rights adjudicated for such reliefs as may be available in law to the petitioners.

5.

In view of the same, the writ petitions are disposed of with aforesaid liberty.

[ARUN R. PEDNEKER J.] ssc/