1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.4251 OF 2009 Pratik s/o Prakashchand Karnavat minor under guardianship of mother Lilabai wd/o Prakashchand Karnavat .. Petitioner Versus The State of Maharashtra through District Collector, Parbhani and ors. .. Respondents Shri M.R.Chhallani, Advocate for the petitioner Shri S.K.Kadam, AGP for respondents CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ. DATE : 8th July 2009 PER COURT : 1. This is a petition under Article 226 of the Constitution of India by which the petitioner vide prayer clause (F) to the petition prays for quashing and setting aside the award dated 2.6.2009 passed by respondent No.2. The principal ground on which the petitioner seeks to challenge the award is that the petitioner though an owner of the said land was not noticed and did not have opportunity to participate in the acquisition proceedings. 2. The petitioner claims his title on the basis of a gift deed. According to the petitioner, applications for mutation of the name of the petitioner 2 had been submitted way back in 1999 but undisputedly, till today the name of the petitioner has not been mutated in the revenue record as owner of the said land. The petitioner obviously, since his name was not recorded as owner of the said land was not noticed. The second ground of challenge is that the land which is acquired is the only land available with the petitioner and the petitioner would be rendered landless and other land more suitable for the public purpose for which the petitioner’s land has been acquired is available. According to us, this ground is not available to the petitioner, particularly after the award is declared. 3. Unless and until petitioner establishes the title to the land and since his name is not mutated, we are not inclined to entertain this petition. The petitioner has several remedies available in law for claiming compensation and establishing his ownership over the said land. In the light of that petition is summarily dismissed with no order as to costs. ( R.K.DESHPANDE, J.) ( P.V.HARDAS, J.) vvr/4251.09wp