Jagdish Radhakishan Zanwar v. The State Of Maharashtra And Others

1 29-wp11521.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11521 OF 2016 Jagdish Radhakishan Zanwar ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents -- Mr.B.A.Darak, Advocate for petitioner Mr.S.B.Yawalkar, AGP for respondent nos.1, 3 and 4 -- CORAM : R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : NOVEMBER 22, 2016 PER COURT :

Heard.

2.

The dispute as regards the entitlement of the petitioner to receive amount of compensation from the Land Acquisition Authority, has been referred to the Civil Court by the competent authority-cum-Sub-Divisional Officer (Land Acquisition), Beed by the order dated 24.10.2016.

2 29-wp11521.odt 3.

In view of reference of the dispute to the Civil Court in observance of the procedure prescribed under the law, it would be open for the petitioner to tender appropriate application to the Civil Court for withdrawal of amount of compensation. Since the dispute between the parties in respect of the amount of compensation on account of acquisition of the property for a public project has been referred to a Civil Court, we are not inclined to entertain the petition in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India.

4.

The petition is devoid of substance and as such, stands rejected.

[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.] kbp