1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7667 OF 2009 Kondiba Maruti Kate (deceased) ..Petitioner through his Legal Heirs & ors V/s. The Special Land Acquisition Officer, ..Respondents Pune & ors Mr.P.B.Shah, Advocate, for the petitioner Mr.A.B.Vagyani, Assistant Government Pleader, for the State CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 10TH SEPTEMBER, 2009 P.C. . Heard Mr.P.B.Shah, the learned counsel for the petitioner. 2. The land of the petitioner has been acquired and Award to that effect was passed on 26th March, 1979. The possession of the land has not been taken by the Special Land Acquisition Officer 2 till date. On 11th September, 2009, the respondent Nos.1 & 2 had issued a notice of the Land Acquisition Act, 1895 dated 24th August, 2009, calling upon the petitioner to handover the possession of the land. The land is required for Central Road Transport Training and Research Institute, Pune, which is controlled by the Ministry of Road Transport and Highways, Government of India. The petitioner's contention is that he has made an application under Section 48 of the Land Acquisition Act, 1895 and the said application is pending and till the pendency of the application, notice of possession should be stayed. By filing an application under Section 48 of the Land Acquisition Act, 1895 the petitioner has prayed that the Government should withdraw the subject land from the acquisition. Looking to the provisions of the Land Acquisition Act there is no right in the petitioner to seek directions that the Government should withdraw the subject land from acquisition. In these circumstances, we do not 3 find any merit in the above Writ Petition which is accordingly rejected. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )