IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2466 OF 2009 Shri Kundlik Ramji Mande & Ors. ... Petitioners. Vs. District Collector & Dy.Director resettlement (Lands) Pune & ors. ... Respondents. Mr. J.M.Patil for the petitioners. CORAM : V.C.DAGA & A.A.SAYED, JJ. DATE : October 14, 2009. P.C. 1. Heard the learned Counsel for the petitioners. Perused petition. 2. The petitioners are challenging notice dated 20.7.1983 issued by the respondents No.1, through prayer clause (b) and are seeking further direction through prayer clause (c) to delete the land bearing Survey No. 176/1/2 (New Survey No. 69/1/2) area adm. 0.88 R from the acquisition. 3. The petitioners appear to have moved Divisional Commissioner, Pune Division, Pune for deleting his lands from the acquisition. The said applications appear to have been rejected by order dated 19.11.2008 holding that since possession is taken over by the State, Section 48 of the Land Acquisition Act has no application. Surprisingly this order dated 19.11.2008 is not a subject matter of challenge in this petition. 4. In the circumstances, the petition challenging notice of 20.7.1983 is liable to be dismissed considering the delay and latches as also for not challenging the order of the Divisional Commissioner, Pune Division, Pune dated 19.11.2008, which is still holding the field. 5. In the result, the petition is dismissed in limini with no order as to costs. [V.C.DAGA, J.] [A.A.SAYED, J.]