1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.1567/2008. Prabhakar Dadaraoji Dhumne ..vs.. State of Maharashtra and five others. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM: D.D.SINHA and C.L.PANGARKAR,JJ. DATE : 1st July, 2008. 1. Heard Mr.C.S.Kaptan, Advocate for the petitioner and Mrs.Bharti Dangre, Assistant Government Pleader, for the respondents. 2. The grievance of the petitioner in the present writ petition is that the land of the petitioner cannot be acquired in view of the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. It is submitted that Section 12 of the Act deals with restrictions on transfer, sub-division, partition or conversion of the land. It is further contended that sub-section 5 2 of Section 12 of the said Act, which is relevant for our purpose, reads thus - “Any sub-division or partition of any land, in the villages or areas specified in the notification under section 11 and to which restrictions specified in this section apply, made on or before the date of such notification shall not be taken into consideration for the purposes of sub-section (4) of section 14, unless such sub-division or partition is made - (a) by metes and bounds and entries in respect thereof are recorded in the relevant village records after due certification. 3. In the present writ petition, it is not in dispute that the partition was effected in the year 1981, however, the entry in respect of the same was for the first time recorded in the revenue record on 4/01/2000. In view of this fact and after taking into consideration the purport of sub-clause 5 of Section 12, it is evident that the entries in the revenue record are admittedly after the publication of notification under Section 11 which was published on 20th July, 2001. Hence, no case is 3 made out for showing indulgence. The writ petition is dismissed. JUDGE JUDGE. chute