Sudnyan Genu Chandanshive And ORS v. The State Of Maharashtra And ORS

1 40- WP 10259 of 2024.docx Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10259 OF 2024 VAISHALI ANIL TIKAM Sudnyan Genu Chandanshive and Ors.

...Petitioners

Vs.

The State of Maharashtra and Ors.

...Respondents

______________________________________________________ by VAISHALI ANIL TIKAM Date:

2025.03.13 17:15:08 +1100 Mr. Drupad Patil a/w. Mr. Rushikesh Kale for the Petitioners Ms. M.S. Bane, AGP for the State.

______________________________________________________

CORAM

Bharati Dangre & Jitendra Jain, JJ.

DATED:

13 March 2025 PC:- 1.

The petitioners, owners of land bearing Survey No. 100 admeasuring 7 H 27R situated at Village Lamboti, Taluka Mohol, District Solapur, out of which area admeasuring 1 H 33R land was acquired for "Ujani Canal Project" seeks its return on the ground that it has not been utilized for the said purpose. The Petitioner has also sought a direction to the Respondents to declare the award dated 28 July 1997 to be lapsed to the extent of the land of the petitioner which formed part of the said land. The petition, comprises of various letters/representations preferred by the petitioners seeking return of the land and it is the specific contention of Mr. Patil that since the land has not been utilized for the purpose of which it was acquired, the construction of Ujani Dam as well

2 40- WP 10259 of 2024.docx as the canal which is already completed, he deserves the reliefs prayed in the petition.

2.

In the wake of the aforesaid submission, we would like to have the stand of the Respondent - State Authority before us.

3.

The learned AGP is directed to file an affidavit within a period of three weeks from today with an advance copy being served upon Mr. Patil. Rejoinder, if any, to be filed within two weeks thereafter.

4.

List the petition on 17 April, 2025.

(Jitendra Jain, J) (Bharati Dangre, J)