Kishan Pundlik Kanole And Others v. The State Of Maharashtra And Others

wp5407.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 5407 OF 2015 Kishan s/o Pundlik Kanole & others .. PETITIONERS

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. A.A. Mukhedkar, advocate for petitioners. Mrs. A.V. Gondhalekar, AGP for the State.

===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 8th JUNE, 2015 PER COURT :

1.

Petitioners are praying for issuance of directions to respondents 4 to 6 to return back the lands sold in favour of the co-operative sugar factory. It is not a matter of dispute that the co-operative sugar factory has purchased the property by entering into negotiations with petitioners and the provisions of Land Acquisition Act in respect of compulsory acquisition were not pressed in service. Petitioners do not have any entitlement to claim return of lands which they have sold long back. So far as refusal by respondent no. 3 to furnish necessary information under Right to Information Act is concerned, it would be open for the petitioners to take recourse of the remedies provided under the act. We do not deem it appropriate to direct the authorities to decide the representation tendered by petitioners since the representation, according to us, is devoid of

wp5407.15.doc substance. Writ petition does not deserve to be entertained hence stands rejected.

( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb