1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4975 OF 2008 (Ramchand Deochand Decharwal vs. Special Land Acquisition Officer & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. SEPTEMBER 01, 2009. Heard Shri Kalwaghe, learned counsel for the petitioner and Shri Doifode, learned AGP for respondent No.1. Respondent No.2 was holding 1 Hectare and 29R land and out of it 0.40R land was purchased by the petitioner. Out of remaining 0.89R left with Respondent No.2, Respondent No.1 acquired 0.49R. The grievance of the petitioner is that after said acquisition, the land of the petitioner is also taken into possession by Respondent No.1 and as said land is acquired, the petitioner is entitled to compensation therefor in terms of award declared by Respondent No.1 so as to enable him to further follow the provisions of Land Acquisition Act, 1894, for enhancement of compensation etc. Shri Doifode, learned AGP states that the award has been declared in 2005 only and as per records, Respondent No.1 has taken possession of only 0.49R of land which has been acquired from Respondent 2 No.2. He states that the land of present petitioner has not been acquired. It is, therefore, obvious that the identity of land of the petitioner needs to be established and said exercise can be more conveniently undertaken in Civil Suit where not only Respondent No.1 but also Respondent No.2 will get adequate opportunity. As the petitioner is claiming title to said land on the basis of sale deed in his favour and is also pointing out dispossession after the award was declared, we find that the issue of his entitlement to compensation and consequential benefits, therefore, need to be adjudicated by the competent Civil Court. In view of this, we are not inclined to interfere in the writ petition. Writ Petition is, therefore, disposed of. No order as to costs. JUDGE JUDGE *GS.