Ashok Fakira Sonune And ORS v. The State Of Mah And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ WRIT PETITION NO. 282 OF 2012 ASHOK FAKIRA SONUNE AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for petitioners : Mr.C.V.Thombre AGP for Respondent/State:Mr.S.M.Ganachari ...

CORAM: S.S.SHINDE & S.M. GAVHANE, JJ.

Dated: April 05, 2018 ......

At the outset, learned counsel appearing for the petitioners has tendered across the Bar the rejoinder affidavit. The same is taken on record.

2.

Learned counsel appearing for the petitioners invites our attention to para 5 of the affidavit in reply filed on behalf of Respondent No.5 on 28th March, 2018, and submits that, if the Respondents have decided to abide by the statements made in para 5 of the said

affidavit in reply, the petitioners have no objection to dispose of this Petition, in the light of averments made in the said affidavit in reply, and in particular, para 5 thereof. Learned counsel appearing for the petitioners further invites our attention to averments in para 1 of the rejoinder affidavit and submits that, the Petition may be disposed of.

3.

Learned A.G.P. appearing for the Respondent/State, relying upon averments made in the aforesaid affidavit in reply, submits that, Respondent No.5 and other concerned Respondents will strictly abide by the statements made in the affidavit in reply and will take appropriate steps in accordance with law, including giving hearing to the affected farmers in respect of whom land acquisition proceedings have been initiated, if necessary as per the provisions of the Land Acquisition Act.

4.

In the light of above, we expect that the Respondent authorities will strictly abide by the averments made in the affidavit in replies while completing the land acquisition proceedings. Needless to

observe that, if the petitioners or similarly situated persons would have any grievance in future, they can resort to appropriate remedy, as available in law for redressal of their grievance/ grievances.

5.

With the above observations, Writ Petition stands disposed of.

(S.M. GAVHANE,J) (S.S. SHINDE,J) SGA/