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Bombay High CourtWP/2582/2019disposed offdismissed for default

Shailesh Puranmal Agrawal v. The Union Of India And Others

2019-02-22Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) wp2582.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2582 OF 2019 SHAILESH PURANMAL AGRAWAL

VERSUS

THE UNION OF INDIA AND OTHERS Mr.M.G. Kochar, Advocate for the petitioner.

Mr.S.S. Deve, Advocate for respondent Nos. 1 and 3. Mr.S.S. Dande, AGP for respondent No.2.

CORAM : PRASANNA B.VARALE & S.M.GAVHANE,JJ.

DATED :

22.02.2019 P.C. :- 1.

Heard learned Counsel for the petitioner. Issue notice to the respondents. Learned Counsel Mr.S.S. Deve waives notice for respondent Nos.1 & 3 and learned AGP waives notice for respondent No.2.

2.

As very limited grievance is raised in the petition, the petition is taken up for final disposal at the admission stage.

3.

The petitioner claims to be owner of certain agricultural land and submits that an application is presented before respondent No.2 - Collector for seeking compensation against acquisition of land under section

( 2 ) wp2582.19 3G(5) of the National Highway Act and the Arbitration and Conciliation Act, 1966. It may not be necessary for us to refer the facts in details. Suffice it to say that the grievance of the petitioner is non-decision on the application which is filed sometime in the month of February, 2018 and precisely on 16.02.2018.

4.

Learned Counsel the petitioner invited our attention to the order of this Court in the identical circumstances. Copy of the order is placed on record at Exh."C".

5.

In view of above referred facts, the petition is disposed of at admission stage with directions to respondent No.2 to decide the application as expeditiously as possible and not later than 12 weeks from the date of order of this Court. We make it clear that this Court has not expressed any opinion on the merits of the application and the Competent Authority i.e. respondent No.2 is at liberty to undertake the exercise of assessing merits of the application and to pass appropriate orders.

[S.M.GAVHANE,J.] [PRASANNA B.VARALE,J.] snk/2019/FEB19/wp2582.19