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Bombay High CourtCA/8846/2012admittedallowedgrantedrule absolute

Hanif Vazeer Patel And ANR v. The State Of Mah And ORS

2015-09-04Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8846 OF 2012 IN WRIT PETITION NO.6697 OF 2010 Hanif s/o Vazeer Patel & others Applicants

Versus

The State of Maharashtra & others Respondents Mr.A.S.Zarekar, advocate for applicants.

Mrs.A.V.Gondhalekar, A.G.P. for Respondents No.1 to 6. Mr.V.D.Salunke, advocate for Respondent No.7. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 04th September, 2015 PER COURT:

This is an application for bringing on record legal representatives of deceased petitioner no.1 and for setting aside abatement as also for condonation of delay occurred in presenting instant application.

Heard. For the reasons recorded in the application, application deserves to be allowed and is accordingly allowed. Legal representatives of deceased petitioner no.1 are permitted to be brought on record. Delay occurred in presenting instant application stands condoned.

Civil Application stands disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE

{2} ca884612.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6697 OF 2010 Hanif s/o Vazeer Patel & others Petitioners

Versus

The State of Maharashtra & others Respondents Mr.A.S.Zarekar, advocate for petitioners Mrs.A.V.Gondhalekar, A.G.P. for Respondents No.1 to 6. Mr.V.D.Salunke, advocate for Respondent No.7. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 04th September, 2015 PER COURT:

Petitioners are claiming return of land which has already been acquired by the State Government in the year 1970, on the ground that said land has not been utilised for the purpose for which same was acquired.

It is not a matter of dispute that the petitioners have been paid amount of compensation some 45 years back. The possession of land has also been taken while declaring the award. Petitioners do not have any legal right to claim the property back. If at all the State Government does not utilise the land for the purpose for which same was acquired, same is required to be distributed of in accordance with the priorities prescribed under Maharashtra Land Revenue Code. Writ Petition is devoid of substance.

Writ Petition stands disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE