Shaileja Dnyandeo Mundhe vs State Of Maha
2017 Latest Caselaw 8374 Bom

                                                              W.P. No.5079/2004
                                      (( 1 ))


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                        WRIT PETITION NO.5079 OF 2004



 Smt. Shaileja w/o Dnyanoba Mundhe
 Age 36 years, Occ. Housewife,
 R/o Tambewadi, Tq. Paranda,
 District Osmanabad
 (at present residing at Shirur,
 Taluka and District Beed                       ...      PETITIONER


          VERSUS

 1.       The State of Maharashtra
          through its Secretary to the
          Government of Maharashtra in
          Revenue & Forest Department,
          Mantralaya, Fort, Mumbai

 2.       The Collector,
          Osmanabad

 3.       The Additional Collector/
          Enquiry Officer, Osmanabad

 4.       The Special Land Acquisition Officer,
          Minor Irrigation Canal, Osmanabad
          (H.O. Paranda, District Osmanabad)

 5.       The Tahsildar,
          Paranda, District Osmanabad

          (Copies to the respondents be served
          on Govt. Pleader, High Court,
          Aurangabad)                       ...          RESPONDENTS


                                 .....
 Shri B.A. Shinde, A.G.P. for respondents
                                 .....




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                                                                      W.P. No.5079/2004
                                           (( 2 ))


                                    CORAM:       RAVINDRA .V. GHUGE AND
                                                 SUNIL K. KOTWAL, JJ.

                                    DATED :      2nd NOVEMBER, 2017.



 ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J.):



 1.               Since none appeared for the petitioner on 1/11/2017,

 we posted the matter today. Even today, none appears for the

 petitioner.



 2.               Learned A.G.P. submits that, this petition is identical

 to Writ Petitions No.3384, 3385 and 3386 of 2004, which have

 been decided by judgment of this Court, dated 10/3/2005. He,

 therefore, submits that, as this petition stands on identical set of

 facts, the same order could be passed in this matter.



 3.               Considering the above, this petition is allowed in

 terms of the following order :



                                           ORDER

(i) The action initiated for recovery of amount against

the petitioner is set aside.

(ii) The Collector shall, after giving reasonable

opportunity of hearing to the petitioner, effect an

amendment if required, in the Land Acquisition

W.P. No.5079/2004 (( 3 ))

Award. If the amendment is effected in the Land

Acquisition Award, a copy of the same should be

given to the petitioner.

(iii) The Collector shall record a finding as to whether any

person has received excess amount and, thereafter,

he shall effect an amendment to the award. Pursuant

thereto, he can initiate proceedings for recovery of

the excess amount against the concerned persons.

4. Rule is made absolute in the above terms.

          ( SUNIL K. KOTWAL )                ( RAVINDRA V. GHUGE )
               JUDGE                                JUDGE


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