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Bombay High Court

Rajendra Bhikanrao Nimbalkar And ... vs The State Of Maharashtra And Others on 21 October, 2021

Author: S.G. Mehare

Bench: Ravindra V. Ghuge, S.G. Mehare

                                     *1*                           906wp738o20


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                     WRIT PETITION NO.738 OF 2020

    RAJENDRA BHIKANRAO NIMBALKAR AND OTHERS
                             VERSUS
       THE STATE OF MAHARASHTRA AND OTHERS
                                  ...
   Advocate for the Petitioners : Shri Pahune Patil Nandkishor J.
        AGP for Respondents 1 to 3 : Shri S.B. Yawalkar
      Advocate for Respondents 4 and 5 : Shri S.G. Sangle
                                  ...

                               CORAM : RAVINDRA V. GHUGE
                                             &
                                       S.G. MEHARE, JJ.

DATE :- 21st October, 2021 Per Court :-

1. The learned advocate for the petitioners submits that till date, the acquiring body has not declared that the acquisition under the Land Acquisition Act, 1894, has lapsed.
2. We posed a question to the petitioners as to whether, it is necessary in law for the High Court to pass an order of lapsing of acquisition. He submits that the petitioners have not approached the authorities seeking such an order.
3. In view of the above, we dispose off this Writ Petition and we permit the petitioners to approach the concerned authorities for declaration that the acquisition has lapsed. If an ::: Uploaded on - 22/10/2021 ::: Downloaded on - 23/10/2021 06:20:07 ::: *2* 906wp738o20 adverse order is passed, the petitioners would be at liberty to knock the doors of the Court.

kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) ::: Uploaded on - 22/10/2021 ::: Downloaded on - 23/10/2021 06:20:07 :::