1 W.P. No.4728-09 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4728 OF 2009 Smt. Laxmibai Kahinath Ingulkar & Ors. ..Petitioners Vs. The State of Maharashtra & Ors. ..Respondents Shri Ashok Misal for the Petitioners Smt. Sandhya Bhatia i/b S.K. Legal Associate for Respondent Nos.6 to 11 Shri V.S.Gokhale AGP for Respondent No.1 Coram: P.B.MAJMUDAR AND R.M.SAVANT, JJ Date: 26th July 2010 P.C. 1. By way of this Petition, the Petitioner has prayed that the application filed by them under Section 48(1) of the Land Acquisition Act, 1894 is pending before the Additional Commissioner, Pune division, be directed to be disposed of. 2. During the course of the hearing, it is pointed out by the Counsel for the Respondent Nos.6 to 11 that the possession has already been taken away from the Petitioners and the possession receipt is also executed in favour of Respondent No.6 to 11. Since the Petitioner is not in possession, there is no question of giving 2 W.P. No.4728-09 direction under Section 48(1) of Land Acquisition Act, which is applicable till the possession is taken away. In our view there is no substance in the above Petition, the Petition is accordingly rejected. Notice discharged. (R.M.SAVANT, J.) (P.B.MAJMUDAR, J.)