Ashruba Sakharam Jaybhaye vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 9391 Bom

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                                                                           wp2469.2021.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        NAGPUR BENCH : NAGPUR.



                               WRIT PETITION NO.2469/2021


 Ashruba Sakharam Jaybhaye,
 aged 75 Yrs., Occ. Agriculturist,
 R/o Andhera, Tah. Deulgaon Raja,
 Dist. Buldana.                                                                 ..Petitioner.

          ..Vs..

 1.       The State of Maharashtra,
          through its Secretary, Irrigation
          Department, Mantralaya,
          Mumbai 400 032.

 2.       The Land Acquisition Officer / Sub
          Divisional Officer, Khadakpurna
          Project, Sindkhed Raja, Tq. Sindkhed
          Raja, Dist. Buldana.                                                ..Respondents.
 ------------------------------------------------------------------------------------------------
 Shri Rahul N. Ghuge, Advocate for the petitioner.
 Shri A.A. Madiwale, A.G.P. for respondent Nos.1 and 2.
 ------------------------------------------------------------------------------------------------
                           CORAM :- SUNIL B. SHUKRE AND
                                            ANIL S. KILOR, JJ.

DATED :- 16.7.2021.

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Hearing is conducted through Video Conferencing and all the

learned Advocates agreed that the audio and visual quality was proper.

2. Heard Shri Rahul N. Ghuge, learned counsel for the petitioner

wp2469.2021.odt

and Shri A.A. Madiwale, learned A.G.P. who appears by waiving notice

for respondent Nos.1 and 2.

3. Rule. Rule made returnable forthwith. Head finally by consent.

4. A limited relief has been sought in this petition and in our view

it can be granted. Accordingly, the petition is allowed. Respondent

No.2 is directed to decide the application of the petitioner made under

Section 28-A of the Land Acquisition Act, 1894, in accordance with

law, within a period of four weeks from the date of appearance of the

petitioner before him. The petitioner to appear before respondent

No.2 on 27th July, 2021 at 11 a.m., provided the application is not

decided. Rule accordingly. No costs.

                               JUDGE                                JUDGE




 Tambaskar.