FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.7865 OF 2007 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.S.R.Kulkarni for the petitioner. Ms.V.S.Mhaispurkar AGP for the respondents. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 28TH FEBRUARY, 2008 DATED: 28TH FEBRUARY, 2008 DATED: 28TH FEBRUARY, 2008 P.C.: . Heard learned counsel for the parties. 2. The petitioner has challenged the judgment and order dated 26.9.2007 passed by the Addl. Commissioner, Pune Division, Pune disposing of the application filed by the petitioner under section 48(1) of the Land Acquisition Act, 1894 seeking deletion of the land under acquisition. The only contention advanced by the learned counsel for the petitioner is that the petitioner was ready to surrender some other land in lieu of the land under acquisition and that has not been considered by the Commissioner while dealing with the application under section 48(1) of the Act. In my opinion, that is not scope of the enquiry under section 48(1) of the Act which is initiated at the instance of the affected person. Section 48(1) empowers the Government to withdraw from acquisition of any land of which possession has not been taken. In the present case according to learned A.G.P. the possession of land under acquisition was taken on 16.10.2007 and the same has already been allotted to the project affected person. Keeping that in view and considering the reasons recorded in the impugned order, in my opinion, no case for interference is made out by the petitioner in the writ jurisdiction of this court under Article 227 of the Constitution of India. The writ petition is dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)