1 wp5288.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5288 OF 2010 Shri Kailas Antu Hargude : Petitioner V/s. The State of Maharashtra & Ors. : Respondents .... Mr.P.B.Gujar for the petitioner. Ms M.P.Thakur, Asstt. Govt. Pleader for respondent nos.1 to 5. ... CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR,JJ. DATE : JULY 22, 2010. P.C.: Heard the learned counsel for the petitioner and the learned Asstt. Govt. Pleader for the respondent nos.1 to 5. 2. This Writ Petition is directed against the order dated 19.4.2010 issued by the Commissioner, Pune Division, Pune, whereby the application made by the petitioner under section 48 of the Land Acquisition Act came to be rejected. In the instant case, it is not in dispute that the award in regard to the land in question of the petitioner was passed in the year 1989. Though the petitioner has contended that the symbolic possession of the land was taken by the State, however, in the 2 wp5288.10 application made by the petitioner under section 48 before the Commissioner, there is no mention about this fact. In the absence thereof, the findings recorded by the Commissioner, in our view, are consistent with the scheme of the provisions of section 48 of the Land Acquisition Act. Section 48(1) contemplates that except in the case provided for in section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken. The Commissioner in the impugned order specifically observed that since possession of the land has been taken, the petitioner is not entitled to get any benefit of section 48 of the Land Acquisition Act. In the circumstances, no case is made out for showing indulgence. 3. Writ Petition is dismissed. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)