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4. The Petitioner challenges order dated 24 th July, 2023 made by Sub-Divisional Officer (SDO), Maval Mulshi, Sub-Division Pune in proceedings No. Land Acquisition/Objection/SR/1,3,6,8,21/23 dated 24th July, 2023. They seek a mandamus directing the Sub-

Divisional Officer-Respondent No.27 (R-27) to deposit the compensation amount as determined in the award dated 27 th February 2023 in the account of Civil Judge Junior Division at Vadgaon where Regular Civil Suit No.96 of 2019 is pending. Possibly, in the alternate, they seek similar relief of deposit of the 3 WP 10482-23 AND WP 10483-23-C.DOC compensation amount before the authority prescribed under Section 35 of the Maharashtra Industrial Development Act, 1961 (MIDC Act).

3 WP 10482-23 AND WP 10483-23-C.DOC The principles the Hon'ble Supreme Court adverted to must guide the exercise of such discretion.

41. From the genealogies submitted by all the parties on record, there is no doubt that the acquired property is a part of Mayaji Bhau Pavale's estate. According to the Petitioner and even some of the Respondents, late Mayaji had only two sons, Sakharam and Gangaram. The Petitioner claims through Gangaram, his son Bhagu, and Bhagu's children. This is evident from the genealogy on page 44 of the paper book in this petition. Almost three years before the SDO made the impugned order, the Petitioner had already instituted a partition suit being Regular Civil Suit No.96 of 2019, in the Court of Civil Judge Junior Division at Vadgaon, Maval. The pleadings in this suit show the nature of interest claimed by the Petitioner.