Bombay High Court
Devrao Ganpat More vs The State Of Maha., Thr. The Collector, ... on 26 February, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
1 5-4664-24-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION No. 4664 OF 2024
PETITIONER: : Devrao Ganpat More
Aged 57 years, Occ. Agriculturist,
R/o Koulkhed, Tal. Lonar,
District Buldhana
Vs.
RESPONDENTS : 1 The State of Maharashtra,
through the Collector, Buldhana
2 The Land Acquisition Officer,
Minor Irrigation Division, Collector
Office, Buldhana
3 The Executive Engineer,
Minor Irrigation Division, Washim
Mr. P.S. Kshirsagar, Advocate for the petitioner
Mr. P.P. Pendke, AGP for Respondent Nos.1 and 2
CORAM : ALOK ARADHE, CJ & AVINASH G.
GHAROTE, J.
DATED : FEBRUARY 26, 2025
ORAL JUDGMENT (Per : CHIEF JUSTICE)
1. Rule. Rule is made returnable forthwith. Heard
learned counsel for the parties.
2. In this petition, the petitioner inter-alia seeks writ
of mandamus to the Land Acquisition Officer, Buldhana to
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decide the representation dated 24.04.2024, submitted by
the petitioner in the light of the judgment dated 02.05.2022
in Land Acquisition Case No. 11/2020, to direct refund of
deducted amount of Rs.2,37,414/- to the petitioner.
3. The facts giving rise to filing of the petition in the
nutshell are that the land of the petitioner measuring 1.10
Hector, situated at village Kaulkhed, Tah. Lonar, District
Buldhana was acquired by the Irrigation Department for the
purpose of irrigation project, an Award was passed on
30.03.2009, by which the petitioner was paid compensation
of Rs.17,000/- per hector. It is the case of the petitioner that
similarly situate person had sought reference to the Collector
and the Collector in Land Acquisition Case No. 11/2020,
under Section 28-A(3) of the Land Acquisition Act, passed an
order granting compensation at the enhanced rate. It is the
case of the petitioner that the land of the petitioner is also
similarly situate and, therefore, he is also entitled to
compensation at the higher rate. In this regard, the petition
has submitted a representation dated 24.04.2024 to the
Collector, Buldhana, however, the same has failed to invoke
any response. Hence, this petition.
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4. The learned counsel for the petitioner submits that
the petition be disposed with direction to the Collector,
Buldhana to decide the representation in the light of the
order dated 02.05.2022.
5. On the other hand, the learned Assistant
Government Pleader appearing on behalf of the respondents
submits that the representation submitted by the petitioner
shall be taken within the time limit as may be fixed by this
Court.
6. In view of the submissions, the writ petition is
disposed of with direction to the Collector, Buldhana to
decide the representation dated 24.04.2024 submitted by the
petitioner within a period of two months by speaking order.
7. It is made clear that this Court has not expressed
its opinion on the merits of the matter.
8. Accordingly, The petition is disposed of in the
above terms. No costs.
Rule accordingly.
(AVINASH G. GHAROTE, J.) (CHIEF JUSTICE)
MP Deshpande
Signed by: Mr. M.P. Deshpande
Designation: PA To Honourable Judge
Date: 27/02/2025 14:41:57
