1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5807 OF 2009 1. Sudhakar s/o Limbraj Ramdasi, (Jahagirdar), Age 66 years, Occu.Pensioner, R/o Flat nO.6, Himgiri Apartments, Kasturba Housing Society, Vishrantwadi, Pune 411 015 2. Jayaram s/o Limbraj Ramdasi, (Jahagirdar), Age 56 years, Occu.Service, R/o As above 3. Dattaram s/o Rajaram Ramdasi, (Jahagirdar), Age 49 years, Occu.Service, R/o As above 4. Dattaram s/o Rajaram Ramdasi, (Jahagirdar), Age 45 years, Occu.Service, R/o As above 5. Smt.Rajani w/o Ramesh Kharpudikar, Age 47 years, Occu.Household, R/o As above 6. Rahul s/o Santram Ramdasi, (Jahagirdar), Age 30 years, Occu.Business r/o Kem, Tq. Karmala, District Solapur 7. Sow.Rohini w/o Shriram Tarkase, Age 27 years, Occu.Household, R/o Miraj, District Sangli 8. Smt.Kunda w/o Santram Ramdasi, (Jahagirdar), Age 61 years, Occu.Household, R/o Kem, Taluka Karmala, Dist.Solapur .. Petitioners Versus 2 1. The State of Maharashtra, Through Secretary, Revenue and Foresh Department, Mantralaya, Mumbai 32 2. The Collector, Collector Office, Osmanabad 3. The Special Land Acquisition Officer, (Minor Irrigation Works), Head Quarter Paranda, Taluka Paranda, Dist.Osmanabad .. Respondents Shri R.K.Ashtekar, Advocate for petitioners Shri S.V.Kurundkar, Additional Govt.Pleader for respondents CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 15th September 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India, the petitioners pray for issuance of a writ of mandamus directing the respondents to pay the amount of compensation to the petitioners together with the amount of interest in respect of acquisition of the land at Gut No. 23/B, 24/B and 25/B at village Domgaon, Taluka Paranda, District Osmanabad which has been deposited in the endowment account, Collector Office, Osmanabad. 3 3. After arguing for some time, Shri Ashtekar, learned Counsel for the petitioners states that the petitioners may be permitted to withdraw this writ petition with liberty of submitting an application under Section 30 of the Land Acquisition Act and the Special Land Acquisition Officer may be directed to refer the said application for adjudication to the civil Court. We, therefore, see no impediment whatsoever in permitting the petitioners to withdraw this petition as well as granting the liberty as prayed for. 4. We, accordingly, dismiss this petition as withdrawn granting liberty to the petitioners to submit an application under Section 30 of the Land Acquisition Act. We further direct respondent No.3 Special Land Acquisition Officer to refer the dispute to the Civil Court within four weeks of the receipt of the said application. 5. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/5807.09wp 4