1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5764 OF 2010 Vishwanath Nilkant Gavhane, Age : 70 years, Occu.Agril., R/o Ujani, Tq. Ambejogai, Dist. Beed ..PETITIONER VERSUS 1. The State of Maharashtra through the Collector, Beed 2. The Spl. Land Acquisition Officer, Medium Project No.4, Ambejogai, Dist. Beed 3. The Executive Engineer, Public Works Department, Divisional Office, Ambejogai, Dist. Beed ..RESPONDENTS Mr T.G. Gaikwad, Advocate for the petitioner; Mrs A.V. Gondhalekar, A.G.P. for respondents. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 2nd July, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2 2. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ directing respondents to pay rental compensation to the petitioner at the rate of 8% per annum from the date of possession till the date of award passed by respondent no.2 along with interest at the rate of 6% per annum. The petitioner also prays for issuance of a writ directing the respondents to decide the representations/applications of the petitioner, dated 6.2.2010 and 20.3.2010. 3. In the light of the fact that the applications/representations submitted by the petitioner are pending consideration with the respondents, according to us it would be inappropriate to issue a writ directing the respondents to pay rental compensation to the petitioner. We accordingly allow this petition to the extent of prayer clause (C) to the petition by directing the respondents to decide the said application/representation, if pending, in accordance with law, within a period of three months from today and communicate the decision thereon to the petitioner. In the event the respondents come to the conclusion that the petitioner is entitled to be paid rental compensation, the same be paid to the petitioner as expeditiously as possible. In respect of prayer clause (B) to the petition, we dismiss the petition with regard to that relief and grant liberty to the petitioner to urge for this relief, in the event the representation is decided against the petitioner. 3 4. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5764.10