1 WP-4525-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4525 OF 2010 Nitin Shivaji Jadhav & Ors. ..Petitioners versus The State of Maharashtra & Ors. ..Respondents Mr. Vijay Mane for Petitioners. Mr. V. S. Gokhale – AGP for Respondent Nos. 1 to 7. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : AUGUST 16, 2010. P.C. : 1. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for respondent nos. 1 to 7. 2. Counsel for the petitioners has submitted that the petition can be disposed of by this Court in view of the following statement made in the affidavit dated 30th July 2010 filed by the Deputy Collector (Resettlement), Sangli,, i.e : “I state that in these circumstances it will not be possible to exercise jurisdiction under sec. 48(1) of the Land 2 WP-4525-10 Acquisition Act to delete the land from the acquisition. However as it is the mistake on the part of the Respondents to acquired more than 3 acres of land, the Hon’ble High Court may pass an order directing us to return the land admeasuring 0 Hectare, 42 ares to the Petitioners and delete it from acquisition. The respondents will abide by the said order, and will make appropriate amendment in the Award dated 30/5/2010.” 3. In view of the above referred positive statement made by the Deputy Collector (Resettlement), Sangli, it is apparent that the land admeasuring 42 Ares was acquired by the Authorities by mistake and therefore in the interest of justice, we direct the respondents to restore the possession of the said land admeasuring 42 Ares out of Gat No. 2400 and Gat No. 2402 to the petitioners within a period of four weeks from today. With these directions writ petition is disposed of. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR, J.)