1 WP 783.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 783 OF 2011 Zumbarbai W/o Nivrutti Tambe & Oths. .... PETITIONERS VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. B.A.Dhengle, Advocate for the petitioners. Mrs. A.V.Gondhalekar, Asstt. Govt. Pleader for State. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 15/02/2011 PER COURT : 1. Heard. 2. The petitioners seek direction against respondents to settle their claim and release the payment of consideration of their lands as applicable to irrigated lands i.e. Rs. 2,92,000/- per Hector along with interest on the difference amount. 3. Mr. B.A. Dhengle, learned counsel for the petitioners submits 2 WP 783.2011 that the petitioners’ land G.No. 151 was in the benefited zone of Nandur – Madhameshwar Project and the said land is an irrigated land. The Officer of respondents proposed the petitioners to sell these lands to the Govt. and that the Govt. will pay price as per the market value i.e. Govt. rate. The learned counsel contended that Sub Registrar, Grade-I issued valuation certificate showing the value of the land as Rs. 2,92,000/- per Hector. The petitioners were assured that they will be paid the amount at the said rate. The petitioners executed sale deed in good faith in favour of the Govt. In the sale deed, the consideration amount was mentioned as Rs. 1,60,600/- per Hector and the total consideration amount was shown as Rs. 18,64,566/-. According to the learned counsel, the petitioners are illiterate persons and villagers. They relied on the assurance of the Officer of respondents that they would be paid market value @ Rs. 2,92,000/- per Hector and as such did not notice the contents of the sale deed. According to the learned counsel, the Govt. is duty bound to pay the amount as per the assurance given by them and the Govt. can not take benefit of the illiteracy of the petitioners. 4. There is nothing on record to suggest that the Govt. at any time had given an offer to purchase the said land @ Rs. 2,92,000/- per Hector. The transaction between the parties is crystallized in the form of registered sale deed executed by the petitioners in favour of the Govt. The registered 3 WP 783.2011 instrument i.e. sale deed shows consideration amount as Rs. 1,60,600/- per Hector. We have asked the learned counsel for the petitioners as to whether the petitioners have received the said amount of consideration as shown in the sale deed. The learned counsel fairly conceded that the said amount has been paid to the petitioners. When the consideration amount as shown in the sale deed has been paid by the respondents and the petitioners have accepted the same without any demur, the petitioners can not now turn around after accepting the said consideration amount and contend that they should be paid @ Rs. 2,92,000/- per Hector. The terms and conditions between the parties are crystallized in the said sale deed. None of the party is entitled to deviate from the same. 5. In the light of above, we do not find any merit in the petition. As such, the Writ Petition is dismissed, however with no order as to costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 783.2011