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Bombay High CourtWP/7650/2019disposed offdismissed for default

Abdul Hamid Roshan Shah v. The State Of Maharashtra And Others

2019-06-25Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7650 OF 2019 ABDUL HAMID ROSHAN SHAH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner :

Mr. Ghatol Patil Shahaji B.

AGP for Respondents / State : Mr. R. B. Bagul ...

CORAM: S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE:

th JUNE, 2019 PER COURT:

1.

Mr. Ghatol Patil, learned counsel for the petitioner submits that the land owned by the petitioner's ancestors is acquired in the year 1962. The compensation is disbursed to some of the land holders but amount of compensation was not paid to the petitioner's family. Wrongly the said property was shown as evacuee property. In the year - 1987, the mutation entry has been corrected and the name of the petitioner has been

2 wp 7650.19 incorporated. Time to time correspondence has been made, even the respondents have issued correspondence to that effect.

2.

The learned A.G.P. accepts notice for the respondents and submits that the property was declared as evacuee property. The award has been passed. The petitioner cannot claim any right. 3.

It is not disputed by the petitioner that the property was acquired in the year - 1962 of Survey No. 29 at Village Khairi Ghumat, Taluka - Hingoli. The amount of compensation for the same was credited in Sub Treasury Jintur through challan on 02.08.1962 in the account of the evacuee property as the said property was an evacuee property. The award was also passed. According to the learned counsel for the petitioner in the year - 1987, application was made for compensation. For 25 years no steps were taken and after 1996 applications were given through periodical intervals.

3 wp 7650.19 4.

It would not be feasible to entertain the grievance of the petitioner after long slumber of 57 years. It is for the respondents to deal with the petitioners.

5.

Considering the above, the writ petition is disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe