1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITIONS NO. 9431,9432,9529,9540,9542,9544,9607,9608,9620,9956 & 9957 OF 2010 WRIT PETITION NO.9431/2010 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Krishnabai Bansilal Sancheti and others .. RESPONDENTS .... WRIT PETITION NO.9432/2010 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Gorakhnath Vishwanath Mapari and others .. RESPONDENTS .... 2 WRIT PETITION NO.9529/2010 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Fakira Punjaba Bankar and others .. RESPONDENTS ... WRIT PETITION NO.9540/2010 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Krishna Daulat Salunke & Ors ..RESPONDENTS .... WRIT PETIITON NO.9542/2010 3 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Eknath Mattu Gaikwad & Ors .. RESPONDENTS ... WRIT PETITION NO.9544/2010 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Uttam Aba Salunke & Ors .. RESPONDENTS ... WRIT PETITION NO.9607/2010 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Krishna Daulat Salunke & Ors. .. RESPONDENTS 4 .... WRIT PETITION NO.9608 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Baburao Punjaba Bankar & Ors .. RESPONDENTS .... WRIT PETITION NO.9620/2010 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Raosaheb Aba Salunke & Ors. .. RESPONDENTS .... WRIT PETITION NO.9956/2010 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS 5 VERSUS Yamunabai Ambadas Gorse & Ors .. RESPONDENTS .... WRIT PETITION NO.9957/2010 Godavari Marathwada Irrigation Development Corporation, Aurangabad Through its Executive Engineer .. PETITIONERS VERSUS Annayabai Dhondiram Usare & Ors .. RESPONDENTS ... Shri N.P.Patil Jamalpurkar Advocate for the petitioners. Shri N.B.Patil,AGP for the respondents State in W.P.Nos. 9431,9542,9620,9956/2010 Shri K.G.Patil,A.G.P. for respondent-State in W.P.Nos.9607 & 9432/2010 Smt.A.V.Gondhalekar,A.G.P. for Respondent-State in W.P.Nos. 9544 & 9957/2010 Shri S.K.Tambe,A.G.P. for Respondent State in W.P.Nos.9529 & 9608/2010 Shri K.M.Suryawanshi,A.G.P. for respondent-State in W.P.No. 9540/2010. .... CORAM : B.R.GAVAI & A.A.SAYED,JJ. DATE : 20 th OCTOBER, 2010. 6 PER COURT 1] Rule. Rule made returnable forthwith. By consent, Petition is heard finally. 2] The petitioners challenge the award dated 12/4/2010 passed by Special Land Acquisition Officer. 3] The petitioner is acquiring body. In an earlier round of litigation, the petitioner had moved this Court pointing out therein that though petitioner was a necessary party, award was passed without hearing it and as such the said award was set aside and the matter was remanded back to the Sub Divisional Officer/Special Land Acquisition Officer. It appears that again by impugned order, award has been passed without hearing the petitioner. Petitioner had also filed Contempt Petition No.283/2010 alongwith companion matters pointing 7 out this to the notice of the Court. 4] The learned Single Judge disposing of Contempt Petition No.283/2010 vide order dated 30/9/2010 has recorded the statement of Special Land Acquisition Officer that he was ready to issue notice to the petitioner and pass the award thereafter, after hearing the petitioner. 5] It is thus clear that the awards have been passed without hearing the petitioners which is not permissible in law. Rule is therefore, made absolute in terms of prayer Clauses “B” in all Petitions. No order as to costs. (A.A.SAYED) (B.R.GAVAI) JUDGE JUDGE umg/wp9431-10