Annarao Maruti Jivanage vs The State Of Maharashtra And ...
2021 Latest Caselaw 13896 Bom

                               1                       wp 9882.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

                99 WRIT PETITION NO.9882 OF 2021
                ANNARAO MARUTI JIVANAGE
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
    Advocate for Petitioner: Mr. Rakhunde Pravin
        AGP for Respondents: Mr. P. K. Lakhotiya
                            ...
                           AND
                            ...

               100 WRIT PETITION NO.9883 OF 2021
                 TAMMA MARUTI JIVANAGE
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
    Advocate for Petitioner: Mr. Rakhunde Pravin
        AGP for Respondents: Mr. P. K. Lakhotiya
                            ...
                           AND
                            ...

               101 WRIT PETITION NO.9884 OF 2021
              SHRIKANT DATTOPANT ANDURKAR
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
    Advocate for Petitioner: Mr. Rakhunde Pravin
         AGP for Respondents: Mr. S. P. Tiwari
                            ...
                           AND
                            ...

               102 WRIT PETITION NO.9885 OF 2021
     GULAB RAMCHANDRA MUDKANNA (DIED) THROUGH LRS
                RAVINDRA GULAB MUDKANNA
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
    Advocate for Petitioner: Mr. Rakhunde Pravin



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          AGP for Respondents: Mrs. M. A. Deshpande
                              ...
                             AND
                              ...

               103 WRIT PETITION NO.9886 OF 2021
   RAMCHANDRA SIDRAMAPPA MUDKANNA (DIED) THROUGH LRS
             MALLINATH RAMCHANDRA MUDKANNA
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
    Advocate for Petitioner: Mr. Rakhunde Pravin
          AGP for Respondents: Mr. A. R. Kale
                           ...

                                 CORAM:          S. V. GANGAPURWALA &
                                                 R. N. LADDHA, JJ.

                                 DATE:           27th SEPTEMBER, 2021

 PER COURT:

 1.       Mr.        Rakhunde,          learned        Advocate            for       the

 petitioners              submits       that     the      petitioners              have

 filed         Applications             U/Sec.     28-A          of      the       Land

Acquisition Act, 1894 (hereinafter referred to as

'Act-1894'). However, the said Applications are

rejected only on the ground that Appeals are filed

by the State / Acquiring Body and the same are

pending, stay is granted.

2. We have also heard the learned A.G.P. for the

respondents.

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 3.       If      the      Acquiring           Body   /     State       has      filed

 Appeals           before       this      Court       and     stay        has      been

granted to the Judgment of the Reference Court,

then certainly, the Special Land Acquisition

Officer could not have decided the Applications

under Section 28-A of the Act-1894. To that

extent, the Special Land Acquisition Officer is

justified, however, the Special Land Acquisition

Officer could not have rejected the Applications

under Section 28-A of the Act-1894. It should have

kept it pending.

4. In view of that, the orders to the extent

rejecting the Applications of the petitioners are

set aside. The Special Land Acquisition Officer

shall keep the said applications pending and

decide it after the Appeals are decided by this

Court and / or stay is vacated.

5. With these observations, writ petitions are

disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe