Ashruba Sakharam Jaybhaye v. The State Of Maharashtra, Thr. Secretary, Irrigation Dept., Mumbai And Another

wp2469.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.2469/2021 Ashruba Sakharam Jaybhaye, aged 75 Yrs., Occ. Agriculturist, R/o Andhera, Tah. Deulgaon Raja, Dist. Buldana.

..Petitioner.

..Vs..

1.

The State of Maharashtra, through its Secretary, Irrigation Department, Mantralaya, Mumbai 400 032.

2.

The Land Acquisition Officer / Sub Divisional Officer, Khadakpurna Project, Sindkhed Raja, Tq. Sindkhed Raja, Dist. Buldana.

..Respondents.

------------------------------------------------------------------------------------------------ Shri Rahul N. Ghuge, Advocate for the petitioner. Shri A.A. Madiwale, A.G.P. for respondent Nos.1 and 2. ------------------------------------------------------------------------------------------------ CORAM :- SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED :- 16 .

.202 .

ORAL JUDGMENT (Per Sunil B. Shukre, J.) Hearing is conducted through Video Conferencing and all the learned Advocates agreed that the audio and visual quality was proper. 2.

Heard Shri Rahul N. Ghuge, learned counsel for the petitioner

wp2469.2021.odt and Shri A.A. Madiwale, learned A.G.P. who appears by waiving notice for respondent Nos.1 and 2.

3.

Rule. Rule made returnable forthwith. Head finally by consent. 4.

A limited relief has been sought in this petition and in our view it can be granted. Accordingly, the petition is allowed. Respondent No.2 is directed to decide the application of the petitioner made under Section 28-A of the Land Acquisition Act, 1894, in accordance with law, within a period of four weeks from the date of appearance of the petitioner before him. The petitioner to appear before respondent No.2 on 27th July, 2021 at 11 a.m., provided the application is not decided. Rule accordingly. No costs.

JUDGE JUDGE Tambaskar.