:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4046 OF 2001 NO.4046 OF 2001 NO.4046 OF 2001 Vitthal Yashwant Farne & Ors. ..Petitioners Vs. State of Maharashtra & Ors. ..Respondents Mr.N.V.Bandiwadekar for petitioner. Mr.V.A.Sonpal, AGP for respondents. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & MRS.MRIDULA MRS.MRIDULA MRS.MRIDULA BHATKAR,JJ. BHATKAR,JJ. BHATKAR,JJ. DATE DATE DATE : 10TH FEBRUARY,2009 : 10TH FEBRUARY,2009 : 10TH FEBRUARY,2009 P.C. P.C. P.C. 1. Heard learned Counsel for parties. Perused petition. 2. This petition challenges the Notification under Section 4 dated 19th March,1999 issued by respondent No.3 and declaration under Section 6 dated 9th December, 1999 issued by respondent No.2 under the Land Acquisition Act,1894 in respect of land gat No.929(P) admeasuring 1 Hector 21 Ares situated at village Mouje Borgaon, Tq. Walwa, Dist.Sangli, owned and possessed by petitioner. 3. The petitioner has challenged the acquisition of number of lands in the petition set out. However, it is not necessary to go into all those challenges, in view of the statement made by learned AGP appearing for the State, who submits that the Notification sought to be challenged in the present petition are not to be acted upon by the State Government, in view of subsequent fresh notifications issued under Section :2: 4 of the Land Acquisition Act,1894, pursuant to the Government Resolution dated 14th September, 2007. 4. Learned AGP thus submits, that in this view of the matter, it is not necessary to adjudicate upon the petition on merits. The petition, according to learned AGP is rendered infructuous for want of cause of action. 5. Mr.Bandiwadekar, appearing on behalf of petitioner submits that the statement coming from learned AGP be taken on record and accordingly petition be disposed of leaving it open for the petitioner to challenge fresh Notification issued under Section 4 and further Declaration under Section 6 under the provisions of Land Acquisition Act,1894. 6. In view of the above, it is declared that the Notification under Section 4 dated 19th march, 1999 and declaration under Section 6 dated 9th December, 1999 issued under the Land Acquisition Act,1894 do not survive, since they are not to be acted upon by the State as per stand taken. So far as subsequent events leading to fresh Notifications are concerned, parties are left to their remedy. Petition accordingly stands disposed of. No order as to costs. (MRIDULA (MRIDULA (MRIDULA BHATKAR,J.) BHATKAR,J.) BHATKAR,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)