1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 3706 OF 2007 Bhaurao s/o. Deorao Tupe, age 75 years, occ. agriculture, R/o. Shendraban, taluka and district Aurangabad. - - - Petitioner versus 1. The State of Maharashtra. 2. The Collector, Aurangabad. 3. The Sub Divisional Officer,/ Special Land Acquisition Officer, Collector Office, Aurangabad. 4. The Regional Officer, Maharashtra Industrial Development Corporation, Aurangabad. - Respondents Shri U. S. Bondar, Advocate for petitioner. Shri K. G. Patil, A. G. P. for Respondents Nos.1 to 3. Shri S. S. Dande, Advocate for Respondent No.2. Respondent No.4 served. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 27th July 2009 PER COURT : 1. By way of present petition, the petitioner seeks a prayer for 2 direction to delete land gut No.72 situated at Shendraban, taluka and district Aurangabad from the acquisition proceedings. 2. It is the contention of the petitioner that the land of the petitioner has been acquired with mala fide intention. It is further contention of the petitioner that land of the persons with similar circumstances has been deleted from the acquisition. 3. The allegation regarding mala fide is specifically denied by respondent No.4. 4. The question of suitability or otherwise of the land cannot be gone into by exercising powers of judicial review under Article 226 of the Constitution of India. It is the prerogative of the executive to determine which land is suitable for the purpose of acquisition. It is further specifically submitted that after carrying out due inspection by the authorities, it was decided to acquire land of the petitioner. 5. It is further submitted that a petition filed in a similar circumstance, being Writ Petition No. 7094 of 2008, is already rejected by this Court on 3rd December 2008. 3 6. In that view of the matter, we do not find any merit in the petition and the same is thus rejected. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp370607