Devrao Ganpat More v. The State Of Maha., Thr. The Collector, Buldhana And Others
1 5-4664-24-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION No. 4664 OF 2024 PETITIONER:
:
Devrao Ganpat More Aged 57 years, Occ. Agriculturist, R/o Koulkhed, Tal. Lonar, District Buldhana Vs.
RESPONDENTS :
The State of Maharashtra, through the Collector, Buldhana The Land Acquisition Officer, Minor Irrigation Division, Collector Office, Buldhana The Executive Engineer, Minor Irrigation Division, Washim Mr. P.S. Kshirsagar, Advocate for the petitioner Mr. P.P. Pendke, AGP for Respondent Nos.1 and 2 CORAM : ALOK ARADHE, CJ & AVINASH G.
CORAM : ALOK ARADHE, CJ & AVINASH G.
GHAROTE, J.
GHAROTE, J.
DATED DATED :
: FEBRUARY 26, 2025 FEBRUARY 26, 2025 ORAL JUDGMENT (Per : CHIEF JUSTICE) 1.
Rule. Rule is made returnable forthwith. Heard learned counsel for the parties.
2.
In this petition, the petitioner inter-alia seeks writ of mandamus to the Land Acquisition Officer, Buldhana to
2 5-4664-24-J.odt decide the representation dated 24.04.2024, submitted by the petitioner in the light of the judgment dated 02.05.2022 in Land Acquisition Case No. 11/2020, to direct refund of deducted amount of Rs.2,37,414/- to the petitioner. 3.
The facts giving rise to filing of the petition in the nutshell are that the land of the petitioner measuring 1.10 Hector, situated at village Kaulkhed, Tah. Lonar, District Buldhana was acquired by the Irrigation Department for the purpose of irrigation project, an Award was passed on 30.03.2009, by which the petitioner was paid compensation of Rs.17,000/- per hector. It is the case of the petitioner that similarly situate person had sought reference to the Collector and the Collector in Land Acquisition Case No. 11/2020, under Section 28-A(3) of the Land Acquisition Act, passed an order granting compensation at the enhanced rate. It is the case of the petitioner that the land of the petitioner is also similarly situate and, therefore, he is also entitled to compensation at the higher rate. In this regard, the petition has submitted a representation dated 24.04.2024 to the Collector, Buldhana, however, the same has failed to invoke any response. Hence, this petition.
3 5-4664-24-J.odt 4.
The learned counsel for the petitioner submits that the petition be disposed with direction to the Collector, Buldhana to decide the representation in the light of the order dated 02.05.2022.
5.
On the other hand, the learned Assistant Government Pleader appearing on behalf of the respondents submits that the representation submitted by the petitioner shall be taken within the time limit as may be fixed by this Court.
6.
In view of the submissions, the writ petition is disposed of with direction to the Collector, Buldhana to decide the representation dated 24.04.2024 submitted by the petitioner within a period of two months by speaking order. 7.
It is made clear that this Court has not expressed its opinion on the merits of the matter.
8.
Accordingly, The petition is disposed of in the above terms. No costs.
Rule accordingly.
(AVINASH G. GHAROTE, J.) (CHIEF JUSTICE) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 27/02/2025 14:41:57