1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 298 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 298 OF 2011 *** 1. Heard Advocate Mr. Chaudhari for petitioner/ plaintiff, learned A.G.P. Mr. Ghute Patil for respondent Nos.1 to 3. 2. Both Courts have refused interim relief of temporary injunction to petitioner/ plaintiff. Attention is invited to judgment of Division Bench of this Court in the case of "Pratik S/o Prakashchand Karnavat and another V/s State of Maharashtra and others" reported in 2007 (5) Mh.L.J. 720 and subsequent order of Division Bench dated 8th July, 2009 to urge that land of which possession is sought is not acquired and hence temporary injunction ought to have been granted. Contention is the relevant aspects have not been looked into either by Appellate Court or trial Court. Learned A.G.P. has contended that the issue is already concluded by Division Bench order dated 8th July, 2009. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 298 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. The scope of consideration, at this stage, is very limited. I am not concluding the controversy finally because civil suit as filed is pending. After the reported judgment (supra) dated 13th June, 2007 petitioner plaintiff again approached this Court in writ petition No.4251 of 2009 challenging the award contending that the land not included in award was sought to be acquired without giving any opportunity to him. He is claiming that land on the basis of gift deed. The Division Bench in its order dated 8th July, 2009, after considering relevant records, found that his name was till date not mutated and he had several remedies available in law for claiming compensation, and establishing his ownership over the said land. 4. The said observations of the Division Bench are binding, at least at this stage. 5. The land being acquired and taken in 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 298 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. possession is for re-settlement of project affected persons. There is no jurisdictional error or perversity. Petition is rejected. [B.P.DHARMADHIKARI, J.] Dated:17/01/2011. ans/298