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Bombay High CourtWP/7529/2022disposed off

Sanjay Gorakhnath Bhadake And Another v. The State Of Maharashtra Through Secretary And Others

2023-03-17Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

(1) 932-ca-1394-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1394 OF 2023 IN WP/7529/2022 SANJAY GORAKHNATH BHADAKE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Vitthal R. Gore, Advocate for the Applicants. Mr. S. B. Yawalkar, AGP for Respondents-State. Mr. S. G. Sangale, Advocate for Respondent No.5. ...

CORAM : NITIN W. SAMBRE AND S. G. CHAPALGAONKAR, JJ.

DATE : 17th MARCH, 2023.

P.C:- 1.

For the reasons disclosed in the application, the civil application is allowed.

2.

Writ Petition stood restored to the file.

3.

Heard Mr. Gore, learned counsel appearing for the petitioners. According to him, the land of the petitioners was acquired for the Canal purpose pursuant to the private negotiation as provided under the Government Resolutions dated 12th May, 2015 and 30th September, 2015. According to him, after the petitioners extended consent, there should have been negotiation between the petitioners, as the land of the petitioners is irrigated and having horticulture facility.

(2) 932-ca-1394-2023 4.

According to the petitioners without there bring any negotiation in the joint meeting blanket order of acquisition came to be passed in spite of there being written objections on the part of the petitioners.

5.

In the aforesaid background, having considered the claim of the petitioners in the light of the claim referred to above in two Government Resolutions in absence of specific mechanics qua the claim made by the petitioners, we deem it appropriate to direct the respondent-Collector to decide the representation of the petitioners dated March 22, 2022 expeditiously and in any case within a period of eight weeks from the date of appearance of the petitioners. The petitioners shall appear before the respondentCollector on 10th April, 2023. 6.

Writ Petition stands disposed of.

(S. G. CHAPALGAONKAR) (NITIN W. SAMBRE) JUDGE JUDGE Devendra/March-2023