Sanjay Sheshrao Mante v. The State Of Maharashtra, Thr. The Secretary, Irrigation Department, Mumbai And Others

2025:BHC-NAG:3605-DB ORDER DATED 07/04/2025 1 15-wp 3327.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3327 OF 2024 ( Sanjay Sheshrao Mante vs. The State of Maharashtra and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of the directions Court's or Judge's order and Registrar's orders.

Mr. P.S.Kshirsagar, Advocate for the petitioner. Mr. A.V.Palshikar, Assistant Government Pleader for respondent Nos.1 to 3.

CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

ATE : APRIL 07, 2025 1) The only question raised is regarding the restoration of the land admeasuring 0.40 HR of Survey 137 Mouja Digras, Taluka Deulgaon Raja, District Buldhana under the Award 19/03/2005, which has been acquired for construction of the canal, on the ground that it is not utilized on account of change in the course of the canal. Mr.Kshrisagar, learned counsel for the petitioner upon a query being made that is there any statutory provision for return of land consequent to the Award and its vested in the State, fairly concedes that there is no such provision.

2) In these circumstances, the only option available to the State once the vesting is complete is to dispose off the land in terms of the policy applicable and therefore, as and when such disposal take place, the petitioner would have an opportunity to participate in such disposal proceedings with an intent to acquire the aforesaid land. We therefore, do not see any merit in the petition, as such, the same is dismissed.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 07/04/2025 14:46:35