RAOSO SHANKAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners in this Petition are challenging the impugned acquisition of land admeasuring 38 ares from Gat No.670.

(2.) IT is the contention of the Petitioners that by a registered Sale Deed dated 02.12.1977, the Petitioners purchased land from Gat No.670, admeasuring 1 hectare 5 acres from the Vendor Bapuso Satgonda Patil, and by another registered Sale Deed dated 08.12.1977, purchased land admeasuring 15 acres from the same Gat number i.e. Gat No.670 from one Raoso Satgonda Patil. It is the contention of the Petitioners that the land in question was purchased by them from the above mentioned two vendors by two separate Sale Deeds before the Notification dated 2nd of November, 1978. It is also their contention that though they are the owners of the said land, and are in actual possession of the same, the Respondents did not issue any Notice in their names while resorting to acquisition proceedings, and that, the notices were sent in the name of the Vendors. It is therefore their contention that the acquisition of land admeasuring 38 ares from Gat No. 670, under the circumstances, is bad-in-law, and has to be quashed.

(3.) WE have heard Mr.Ingale, appearing for the Petitioners, so also, the Additional Government Pleader, Mr.Gokhale, appearing for Respondents. We have also perused the proceedings, which reveal that the Respondents have not bothered to file any affidavit-in-reply. Mr.Gokhale, appearing for Respondents, however, fairly concedes that though the affidavit-in-reply is not filed by them, the record supports the contentions of the Petitioners.