FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4145 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the parties. 2 The petition proceeds on the assertion that the respondents 2 to 4 have already acquired the land owned by the petitioner. The respondents on affidavit have asserted that the stand of the petitioner is incorrect. They have stated that the land owned by the petitioner has not been acquired for construction of percolation tank and is not affected by the said project, in any manner. There is no reason to doubt the correctness of this position stated on affidavit by the authorities. 3 The Counsel for the petitioner however, relies on the entry in the 7/12 extract at page 80 which mentions that the land is covered by percolation tank to the extent of .20 R. Needless to mention that the entry in 7/12 extract is not decisive. The authorities on affidavit have stated before us that the petitioner's land is not affected by the percolation tank project at all. Unless the petitioner was to produce positive material to substantiate the entry in the 7/12 extract, it is not possible to ignore the stand taken by the authorities on affidavit. 4 Hence, this petition should fail and the same is dismissed. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 08.03.2010. PLK/*