1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8385/2009 1] Nagorao s/o Ramrao Holkar Died through L.Rs. 1-A] Ganpati s/o Nagorao Holkar Age : 55 years, Occ-Agril 2] Sudhakar s/o Nagorao Bhujbal Died through L.Rs. 2-A] Shivanand s/o Sudhakar Bhujbal Age 25 years, Occ-Advocacy & Agril. 3] Shankarrao s/o Madhavrao Hingmire age 63 yrs, Occ-Agri. All r/o Harnghul (Kd) Tq. & Dist.Latur. .. PETITIONERS VERSUS 1] The State of Maharashtra (through the Collector,Latur) 2] The Special Land Acquisition Officer, Swarna Project Latur (Copies to be served on Government Pleader, High Court of Judicature of Bombay, Bench 2 at Aurangabd.) 3] The Executive Engineer Latur Patbhandare Vibhag, Latur, Old Ausa Road, Latur Tq. and Dist.Latur. .. RESPONDENTS .... Shri K.S.Bhore,Adv.for petitioners Shri K.M.Suryawanshi,AGP for Respondents 1 & 2. Respondent No.3 served. .... CORAM : R.K.DESHPANDE,J. DATE : 10/8/2010. ORAL JUDGMENT: 1] This Writ Petition challenges the order dated 28/11/2008 passed by the learned III Joint Civil Judge, Senior Division, Latur in Special Darkhast No.30/2002. The learned Judge has disposed of the Execution Petition by granting liberty to the petitioner to prefer execution before the appropriate forum within the ambit of limitation. 2] Notice in this matter was issued on 10/12/2009. The learned A.G.P. Shri K.M.Suryawanshi appears for respondents 1 & 2. The learned counsels for the parties agree that the Petition can be finally disposed of at the stage of admission. 3 Hence Rule. Rule made returnable forthwith. Petition is heard finally by consent of the learned counsels for the parties. 3] The only ground by which the Special Darkhast is rejected is that the petitioner is seeking execution of the judgment and order passed by this Court in Writ Petition No. 5044/2000 on 22/12/2000. There seems to be an error apparent on the face of record in passing such an order. The Division Bench of this Court had passed an order in Writ Petition No.212/1993 alongwith Writ Petition No.214/1993 on 1/3/1993, directing the respondents no.2 and 3 herein, to dispose of the applications filed by the petitioners under Section 28-A of the Land Acquisition Act on merits as per law. Pursuant to this order, the Special Land Acquisition Officer, Swarna Project, Latur has passed an order dated 1/2/2001 under Section 28-A of the Land Acquisition Act, 1894. The application has been allowed and the amount of compensation has been enhanced to Rs.55,118/-. It is the execution of this order which has been preferred by petitioners, by filing Special Darkhast No.30/2002. It cannot therefore, be said that the petitioners were seeking execution of the judgment and order passed by this Court in any of the Writ Petitions. The order impugned cannot therefore, be sustained. 4] In the result, the instant Writ Petition is allowed. The order dated 28/11/2008 passed by learned III Joint Civil Judge, 4 Senior Division, Latur in Special Darkhast No.30/2002 is hereby quashed and set aside. The learned Judge is directed to decide Special Darkhast No.30/2002 in accordance with law within a period of 2 months. Rule is made absolute in these terms. No order as to costs. [R. K. DESHPANDE, J.] umg/wp8385-09