Tukaram Kisan Warpe vs State Of Maharashtra Through ...
2022 Latest Caselaw 10753 Bom

JPP                               1                 3. WP 12393.16.doc

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CIVIL APPELLATE JURISDICTION

             WRIT PETITION NO. 12393 OF 2016

Tukaram Kisan Warpe                             ... Petitioners

      V/s.

State of Maharashtra through Principal
Secretary and Ors.                              ... Respondents

Mr. V.S. Tadke i/b. Mohan B. Gawade for the Petitioners
Ms. K.S. Solunke, AGP for the Respondents 1 to 5

                   CORAM : NITIN JAMDAR &
                          SHARMILA U. DESHMUKH, JJ.

DATE : 14 OCTOBER 2022

P.C. :-

The Petitioner is seeking enforcement of the order dated 18 November 2004 under Section 48(1) of the Land Acquisition Act of 1984.

2. We have perused this document. The Commissioner has styled this document as a judgment. It states that the Commissioner is hearing the Appeal. There is a reference to Advocate appearing before the Commissioner and he has thereafter given a judgment after considering the arguments of the Advocate. Plain reading of Section 48(1) of the Act of 1894 does not contemplate a quasi judicial exercise such as a present one where the Advocates appear.

JPP 2 3. WP 12393.16.doc

The learned AGP will place on record whether there are any guidelines issued to the effect to justify the above mentioned procedure adopted by the Respondents.

3. At the request of the learned AGP to file an additional affidavit, stand over to 28 November 2022.

SHARMILA U. DESHMUKH, J. NITIN JAMDAR, J.

          Digitally signed
JYOTI     by JYOTI
          PRAKASH
PRAKASH   PAWAR
PAWAR     Date: 2022.10.17
          16:16:24 +0530