Babu Ganpati Arage vs The Spl. Land Acq. Officer And ...
2021 Latest Caselaw 13747 Bom

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         Digitally
         signed by          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         DINESH
DINESH   SADANAND
SADANAND SHERLA
                                    CIVIL APPELLATE JURISDICTION
SHERLA   Date:
         2021.09.24             INTERIM APPLICATION NO. 2456 OF 2021
                                                 IN
         15:01:33
         +0500

                                   WRIT PETITION NO. 3557 OF 1987

                      Babu G. Arage                  ... Applicant/Petitioner
                           V/s.
                      The Special Land Acquisition Ofcer
                      No.10, Kolhapur and ors.       ... Respondents

                                               ----------------
                      Mr. P.M. Arjunwadkar for the Applicant/Petitioner.
                      Ms R. M. Shinde, AGP for the Respondent - State.
                                               ----------------
                                 CORAM      :     PRASANNA B. VARALE &
                                                  N.R. BORKAR, JJ.

                                  DATE      :     23.09.2021.
                      P.C.

                      1]        This is an application for restoration of Writ Petition
                      No.3557 of 1987.


                      2]      As there are peculiar circumstances involved in the

present application, we deem it appropriate to refer to those circumstances.

3] Writ Petition No. 3557 of 1987 was fled in the year 1987 at the instance of petitioner viz. Babu G. Arage. The challenge raised in the said petition was to the notifcations issued under sections 4 and 6 of the Land Acquisition Act (said Act). In the said petition, on 17.7.1987, the following order was passed:

"Interim Stay of possession only. To be heard after W.P. 1247/85 is decided."

                      Dinesh Sherla                                                          1/4
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4]      The     learned   counsel   for   the    petitioner/applicant

submitted that there were other petitions raising an identical issue and this court decided the said petitions during pendency of the present petition including Writ Petition No. 1247 of 1985 a/w. 413 of 1986 fled at the instance of one Dhulgonda Dada Patil. The judgment of this court in the matter of Dhulgonda Dada Patil and etc. vs. Special Land Acquisition Ofcec No.15, Kolhapuc and ocs. is reported in AIR 1989 Bombay 286.

5] The learned counsel submits that on 28.10.1996, the present Writ Petition No.3557 of 1987 was dismissed for default.

6] By inviting our attention to the documents placed on record, the learned counsel for the petitioner/applicant submitted that Civil Application No. 2263 of 1997 was fled in this court and the same was listed lastly on 8.6.2011. The learned counsel submitted that unfortunately, neither the record of the petition nor the application, which was fled in the year 1996 is available with the registry. It is stated that copy of the said application is also not available with the petitioner.

7] The learned counsel then submitted that due to non- availability of the documents/papers, the petitioner was left with no option except to fle a fresh application, i.e. present application (I.A. No. 2456 of 2021) seeking restoration of the petition.

Dinesh Sherla                                                              2/4
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8]      The learned counsel submitted that the issue raised in

the Writ Petition No. 3557 of 1987 is covered by the decision in Writ Petition No.1247 of 1985 with 413 of 1986.

9] The Division Bench of this court while deciding Writ Petition No. 1247 of 1985 with Writ Petition No. 413 of 1986 has observed thus:

"In view of the statement made by Shri Mehere learned A.G.P. that the lands involved in Writ Petition No. 1247 of 1985 are being released from acquisition, Rule is discharged in the said writ petition with no order as to costs."

10] In view of the submissions and documents placed on record, we deem it appropriate to seek response from the respondent - State. The learned AGP is directed to place on record latest factual position by way of short afdavit-in-reply. The afdavit-in-reply to be fled within four weeks from today.

11] The learned counsel for the petitioner/applicant submitted that on 29.6.2021, the Division Bench of this court has passed the interim order by directing the respondents not to take any coercive action in the meantime. The learned counsel further submitted that again by order dated 24.8.2021, the Division Bench of this court was pleased to pass an order of continuation of earlier interim order for a period of two weeks from the date of order. The learned counsel submitted that though the petitioner circulated the present application, however, the said application was not

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listed before this court. As such, he prayed for continuation of interim order.

12] The interim order to continue till the next date.

13] Post the matter for further consideration on 21.10.2021.

      (N.R. BORKAR, J.)         (PRASANNA B. VARALE, J.)




Dinesh Sherla                                                            4/4