1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4846 OF 2010 Magutrao Dhondiba Gadhave & Ors. .. Petitioners V/s The Additional Commissioner, Pune, Division, Pune & Ors. .. Respondents Mr.Dilip Bodake for the Petitioners. Mr.S.N.Bhosale, AGP for Respondent Nos.1 to 3. Mr.S.S.Shah for Respondent Nos.4 to 8. CORAM: A.S.OKA, J. DATE: 15TH OCTOBER, 2010. P.C.: 1. Heard learned counsel for the petitioners. Rule. Advocates for Respondents waive service. Considering the controversy involved, taken up for final hearing. Learned counsel for the petitioners invited my attention to the order dated 7th June, 2010 which is impugned in this writ petition. He pointed out that by the said order District Rehabilitation Officer has purported to reject the application made by the petitioners u/s.48 of the Land Acquisition Act, 1894 (hereinafter referred as the said Act). He submitted that the application ought to have been decided by the Additional Commissioner. 2. Learned counsel for Respondent Nos.4 to 8 submitted that no 2 relief could have been granted to the petitioners by the learned Additional Commissioner in as much as the possession of the acquired land was taken over by the State Government. 3. The application made by the petitioners to the Additional Commissioner, Pune Division, Pune was admittedly for exercise of powers under section 48 of the said Act. The District Rehabilitation Officer who is of the rank of a Collector had no jurisdiction to decide the said application. Therefore, the said application will have to be decided by the learned Additional Commissioner who is bound to consider the objections of the contesting Respondents. 4. Hence, petition is disposed of by passing the following order:- (a) Impugned order dated 7th June, 2010 is quashed and set aside. (b) Application dated 16th June, 2009 filed by the petitioners shall be expeditiously decided by the learned Additional Commissioner, Pune Division, Pune, after hearing all the concerned parties. (c) The learned Additional Commissioner will issue notice of the date fixed for hearing to the parties to this petition. 3 (d) It will be open for the 4th to 8th Respondent to appear before the learned Additional Commissioner and raise objections in accordance with law. (e) The Additional Commissioner will pass appropriate order within a period of three months from the date on which an authenticated copy of this order is produced before him. (f) Petition is disposed of in the aforesaid terms, with no order as to costs. (A.S.OKA, J.)