Bombay High CourtWP/2714/2024allowed

Babarao S/O Pandu Urwate And Others v. The State Of Maharashtra Thr. Collector, Yavatmal And Others

2025-03-18Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 wp2714.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 2714 OF 2024 ( Babarao s/o Pandu Urwate and others ..vs.. The State of Maharashtra, through Collector, Yavatmal and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.A. Sable, Counsel for the petitioner, Mr. S.M. Ukey, Addl.G.P. for respondent Nos.1 to 3. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 18-03-2025 The only ground on which the applications under Section 28-A of the Land Acquisition Act, 1894 filed by the petitioners, for revising the compensation at par which has been granted to persons similarly situated, as is discernible from the impugned communication dated 05-9-2022 (Page No. 108), is that the applications, did not bear the signatures and date of the petitioners. The impugned communication, indicates that the applications have been received by the respondent No.2. Since the above is the only ground, he could have obtained the signatures of the petitioners as that would have been a formality, on account of the fact that receipt of the applications is not disputed. The rejection is only on that count. This is an action, which is correctable, and does not go to the root of the matter, which could have been done by the respondent No.2.

The learned Additional Government Pleader, however, seeks time to file his submissions, considering which list the

2 wp2714.24 matter on 21-3-2025. In case the submissions are not filed, then the matter shall be decided in absence of the submissions, considering its nature.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 18/03/2025 19:05:52