1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 267/2007 Shrirang Ram Chandra Hadge ..vs.. State of Maharashtra and ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Sohini, Advocate for the petitioner. Mr. Fulzele, A.G.P. for respondent nos. 1 to 4. CORAM: ANOOP V. MOHTA AND C. L. PANGARKAR, JJ. DATED : 16 th September, 2008 1. The petitioner is the owner of field survey Nos.134 and 139 situated at village Chirva, tq. Mouda, dist. Nagpur. By this petition, the petitioner has challenged Notification dated 09.08.2001 issued by respondent no. 1 insofar as it relates to the land of the petitioner and also sought declaration that the impugned rehabilitation proceeding regarding acquisition of the land of the petitioner be declared illegal and unjust. 2. Without going further into merits of the matter, in view of the averments made in para 2 of the reply dated 05.09.2008, filed by respondent-State, we see there is nothing survive in this petition. Para 2 of the reply is 2 reproduced as under:- “2. The answering respondent further submit that only Notification under section 4 of the Land Acquisition Act was published on 9.8.2001 in the official Gazette, no other process could be initiated to publish section 6 Notification due to non availability of joint measurement. Since, the joint measurement of the land is not available no further action could be take place in the matter. To initiate the fresh land acquisition proceeding, Taluka Inspector of Land Records, Mouda is again directed to complete the joint measurement as early as possible.” 3. The respondents are unable to take action after Section 4 Notification within statutory period prescribed. The petition is accordingly disposed of without observing anything on other prayers and the contentions, as raised. The respondents are at liberty to take steps in accordance with law in future. JUDGE JUDGE kahale