Vitthal Kisanrao Dhengle v. The State Of Maharashtra And Others

2025:BHC-AUG:3405-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO. 12997 OF 2024 VITTHAL KISANRAO DHENGLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 924 WRIT PETITION NO. 12998 OF 2024 LATA ALIAS LATABAI BADRINARAYAN DHENGLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 925 WRIT PETITION NO. 12999 OF 2024 SANTOSH PARBATI PAKHARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 926 WRIT PETITION NO. 13005 OF 2024 BALAJI PARBATRAO PAKHARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Thote Dhananjay Kakasaheb. AGPs for Respondent/s-State : Mr. A. S. Shinde, Mr. D. R. Korade, respectively.

...

CORAM : S. G. MEHARE, AND SHAILESH P. BRAHME, JJ.

DATE : 05.02.2025

PER COURT :- 1.

Heard the learned counsel for the petitioners. 2.

Admittedly, the award has been passed. The petitioners are dissatisfied with the price determined by the Authority. The petitioners are saying that the sale instances of high rates have not been correctly appreciated and the awards are not separately passed. The issues which the petitioners have raised, could be raised in the reference proceeding. This is not the Court of appreciation of the facts and evidence. If the petitioners in such a situations are not satisfied with the determination of the price by the Land Acquisition Officer, the Law itself provides the remedy to prefer the reference before the Civil Court. However, the learned counsel for the petitioners insisting this Court to look into the matter which is beyond the jurisdiction of this Court. On the last date, the preliminary objection was raised and the case was fixed for satisfying how these writ petitions could be entertained. Though the understanding was given to the learned counsel for the petitioners, he is insisting to entertain the writ petitions. We are of the candid opinion that no such petitions could be

entertained before this Court for the reasons mentioned above. It seems that the petitioners have deliberately filed this writ petitions though efficacious remedy is available and wasting the Court's valuable time. Many such writ petitions are received to this Court. The inference may be drawn that the litigants not properly advised.

3.

Hence, writ petitions dismissed with a warning that law be examined, before filing such petitions.

(SHAILESH P. BRAHME, J.) (S. G. MEHARE, J.) ...

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