- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3546/2009 1. Maruti s/o Bhaurao Bedade, age 35 yrs., occu.agri., 2. Sheshrao s/o Bhaurao Bedade, age 50 yrs., occu.agri., Both r/o Chera Tq.Jalkot Dist.Latur. ...Petitioners.. Versus 1. The State of Maharashtra, Revenue Department, Maharashtra State, Mantralaya, Mumbai. Through its Secretary. 2. The Special Land Acquisition Officer, Purna Project, Latur. Dist.Latur. 3. The Collector, Latur. 4. The Commissioner, Aurangabad Revenue Division, Aurangabad. ...Respondents... ..... Shri A.S. Golegaonkar, Advocate for petitioners. Shri K.B. Choudhary, AGP for respondent nos.1 to 4. ..... CORAM: P.V. HARDAS & A.V. POTDAR, JJ. DATE: 10.08.2009 - 2 - ORAL JUDGMENT (Per Hardas, J.) : 1] Heard counsel for the parties. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2] By this petition under Article 226 of the Constitution of India, the petitioners have prayed for directing the respondents to follow the prescribed procedure provided under the provisions of the Land Acquisition Act and hear the petitioners in respect of the objections, which the petitioners have raised in respect of issuance of notification u/s 4 (1) of the Act. The petitioners have also prayed for restraining the respondents from starting any work causing damage to the land of the petitioners. The petitioners vide prayer clause (D) have prayed for providing certain information prior to the completion of proceedings u/s 5-A of the Land Acquisition Act. In respect of prayer clause (D) to the petition, the petitioners have adequate remedies available under the Right to Information Act. This petition, therefore, would stand dismissed as against prayer clause (D) to the petition, relegating the petitioners to avail the remedies available to them in law. 3] On notice of this petition being issued to the respondents, the respondents have filed their affidavit in reply. The affidavit in reply is sworn by one Rajan Gundanrao Jadhav, Special Land Acquisition Officer, Purna Project, Latur. In the affidavit in reply at para 5, it is stated that the respondents would follow the procedure as is prescribed under the Act in respect of taking possession of the land belonging to the petitioners for the public purpose of construction of storage tank and the petitioners would not be compelled to handover possession of the land contrary to the provisions of law. The respondents have also denied various allegations, particularly the allegations relating to threats, which have been stated by the petitioners. - 3 - 4] In the light of that, therefore, we accept the statement made by the respondents that the petitioners would not be deprived of the possession of the land except by procedure established by law. We accept the said statement as an undertaking to the Court and in the light of that, make Rule absolute and direct the respondents, on the basis of their statement, not to deprive the petitioners of the possession of the land except according to the procedure established by law. 5] Rule is, thus, made absolute on the above terms with no order as to costs. The petition stands dismissed in respect of prayer clause (D) to the petition. (A.V. Potdar, J.) (P.V. Hardas, J.) ndk/c1080920