HARIBHAU NARAYAN CHIKANE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2022-12-65
HIGH COURT OF BOMBAY
Decided on December 16,2022

Haribhau Narayan Chikane Appellant
VERSUS
STATE OF MAHARASHTRA Respondents




JUDGEMENT

R. D. Dhanuka,J. - (1.)Rule. Mr. Patel, learned Additional Government Pleader waives service on behalf of respondent Nos.1 to 4. Mr. Naphade, learned counsel waives service on behalf of respondent Nos.5 to 8. By consent, the Rule is made returnable forthwith.
(2.)By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing and setting-aside the award bearing No.L.A./S.R./B19/99 dtd. 30/4/2001 and seeks writ of mandamus to release the petitioner 's land from acquisition and for an order and direction against respondents to carry out the necessary corrections in the record of rights about the release of the petitioner 's land from acquisition. The petitioner also prays for an order and declaration that the land acquisition proceedings in relation to the petitioner 's land bearing Gat No.295 admeasuring 80 Ares of Village Kapurhol, Taluka - Bhor, District - Pune (hereinafter referred to as "writ property ") and the lands stand released from acquisition.
(3.)Some of the relevant facts for the purpose of deciding this petition are as under:
It is the case of the petitioner that the petitioner and other co-owners are the owners of land bearing Gat No.295 of Village Kapurhol, Taluka - Bhor, District - Pune totally admeasuring 2 Hectares and 15 Are. Out of the said land, an area of 1 Hectare and 60 Are is the subject matter of this petition.



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