1 wp4644.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 4644 OF 2010 Shri Rangrao Ganpati Bhosale ....Petitioner. Vs. The State of Maharashtra & Ors. ...Respondents. Mr. V.B. Rajure for the Petitioner. Mr. V.S. Gokhale, AGP for the Respondents. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 22 SEPTEMBER 2011. P.C. :- Though it appears that the name of the Petitioner is included in the revenue record as a tenant, the land was acquired without issuing personal notice to the petitioner, but the fact also remains that the Petitioner lost possession of the land in the month of January 2003. Even assuming that his Application under Section 48 for deletion of the land from acquisition was made while he was in possession, the moment the Petitioner lost possession of the land, the Application filed by him under Section 48 for deletion of the land from acquisition became infructuous because the Authority has no power to delete any land from acquisition, possession of which is taken over by the 2 wp4644.10.sxw ssm Government. The Petitioner should have approached the Court in the year 2003 challenging the acquisition. Thereafter even the application filed by the Petitioner under Section 48 was rejected on 31/10/2008. Even then the Petitioner did not approach the Court immediately and he waited till February 2010 to file this Petition. In the meantime, the land has also been allotted to a project affected person. 2 The Petitioner by this Petition prays for setting aside the acquisition of his land. Setting aside the acquisition of the land will result in eviction of a person who is a project affected person from the land which is in his possession for the last 7 to 8 years. In our opinion, therefore, the rights of the Petitioner are lost because of latches on the part of the Petitioner. 3 In this view of the matter, therefore, the Petition cannot be entertained under the extra ordinary jurisdiction of the Court. The Petition is rejected. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)