Nagnath Madhav Wadkar And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.69 OF 2019 1.

Nagnath S/o Madhav Wadkar Age 92 years, Occu. Agriculture R/o Sangamwadi, Shelgaon Tq.Chakur, District Latur 2.

Balaji S/o Nagnath Wadkar Age 55 years, Occu. Agriculture R/o Sangamwadi, Shelgaon, Tq.Chakur, District Latur 3.

Shivanand S/o Balaji Wadkar Age 25 years, Occu. Agriculture R/o Sangamwadi, Shelgaon Tq.Chakur, District Latur 4.

Kiran S/o Vasant Kivande Age 30 years, Occu. Agriculture R/o Sangamwadi, Shelgaon, Tq.Chakur, District Latur ..PETITIONERS

VERSUS

1.

The State of Maharashtra Through District Collector, Latur 2.

The Executive Engineer, Minor Irrigation Division, Latur 3.

The Special Land Acquisition Officer, Savarna Prakalp, Latur ..RESPONDENTS Mr Umakant K. Patil, Advocate for Petitioners; Smt. G.L.Deshpande, A.G.P. for respondent Nos.1 & 3; Mr S.G. Sangle, Advocate for respondent Nos.2

(2) CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 8th April, 2019 ORAL ORDER:

Heard Mr Patil, learned Counsel appearing on behalf of the petitioners.

2.

Learned Counsel Mr Patil, by inviting our attention to the document placed on record at Exh."C" i.e. representation to the District Collector, Latur, dated 21st November, 2016, submitted that the only prayer in the petition is, seeking decision on the representation. Considering this limited prayer made by learned Counsel for the petitioner, we deem it appropriate to dispose of the petition at the admission stage. 3.

Issue notice to the respondents, returnable forthwith. 4.

Learned Asstt Govt. Pleader waives service of notice for respondent Nos.1 and 3 and Mr Sangle, learned Counsel waives for respondent No.2. 5.

The petition is disposed of with direction to respondent No.1 - District Collector, Latur to decide the representation of the petitioner, dated 21st November, 2016, as expeditiously as possible and preferably within twelve weeks from the date of order of this Court. Needless to state that the representation be decided on its own merits including aspect of delay, etc.

(3) If the parties pray for an opportunity of hearing, the District Collector, Latur may offer opportunity of hearing to the parties on considering such application submitted to him.

(NITIN W. SAMBRE, J.) (PRASANNA B. VARALE, J.) sjk