Abdul Kadarbin Sayed v. The State Of Maharashtra Through Government Pleader And Others

- 1 - wp1092.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1092 OF 2021 Abdul Kadarbin Sayed ....Petitioner

VERSUS

The State of Maharashtra & others .....Respondents Mr. D. R. Jayabhar, Advocate for the Petitioner. Mrs. K. B. Patil Bharaswadkar, AGP for the State. Mr. P. D. Suryawanshi, Advocate for Respondent No.3. CORAM : KISHORE C. SANT AND ABASAHEB D. SHINDE, JJ.

DATE : 17th DECEMBER, 2025.

PER COURT :

1.

This Petition is filed with a prayer to direct the Respondents to carry out measurement in respect of lands Gat Nos. 556, 559, 560 and 583 at village Patoda. A further prayer is made to award compensation of the lands acquired from above Gat numbers. 2.

The Government has already filed two affidavits-in-reply. The first affidavit-in-reply filed on 31.08.2023 states that the measurement of the lands from above gat numbers is carried out. It was accepted that some portion of the lands is affected. By way of second affidavit-in-reply dated 26.03.2024, now, a specific statement

- 2 - wp1092.21.odt is made that it is for the acquiring body to send proposal of acquisition of land and, if such proposal is submitted, the Government will take further steps. Paragraph No. 7 of the affidavitin-reply reads as under :- 7.

I say and submit that, in view of the measurement carried out by Respondent No. 6 dt. 02/03/2023 and 03/03/2023 the petitioner has to agitate his grievance before the proper authority i.e. acquiring body. If any proposal about land acquisition is received from the acquiring body i.e. Sub-Divisional Engineer, Zilla Parishad (Construction) Sub Division Patoda, further action will be initiated about land acquisition. 3.

In view of above, this Petition stands disposed off with a direction to the acquiring body to submit proposal for acquisition of land within a period of 8 weeks from today. The Government to take steps on receipt of the proposal as early as possible preferably within 12 weeks from the date of receipt of proposal. (ABASAHEB D. SHINDE) (KISHORE C. SANT) Judge Judge dyb