THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.209 of 2007
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 04.01.2007 passed by the learned Single Judge in
W.P.No.1530 of 2002.
The facts of the case reveal that the writ
petitioners/appellants came up before this Court being
aggrieved by the action of the respondents in allegedly
acquiring Acs.110.00 of land. The writ petitioners'/appellants' contention is that without following due process of law, Acs.110.00 of land has been acquired. A detailed and an exhaustive counter affidavit was filed by the State Government stating that the State has acquired only Acs.48.21 guntas and proceedings were initiated only in respect of the aforesaid area. In those circumstances, the learned Single Judge has disposed of the writ petition with a liberty to the writ petitioners/appellants to agitate all grounds in the reference that was made to the civil court under Section 18 of the Land Acquisition Act, 1894.
Learned counsel for the writ petitioners/appellants is fair enough in stating before this Court that the writ 2 petitioners/appellants be permitted to pursue their remedy before the reference court.
In the light of the aforesaid, no further orders are required to be passed in the present writ appeal. It is made clear that any observations made by the learned Single Judge on merits will not come in the way of parties in respect of the dispute which is already pending.
The writ appeal is accordingly disposed of. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 13.12.2021 vs