1 wp3093.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3093 OF 2010 Suresh Vithoba Kisave : Petitioner V/s. The State of Maharashtra & Ors. : Respondents ..... Mr.S.S.Shah for the petitioner. Mr.V.S.Gokhale, Asstt. Govt. Pleader for respondent nos.1 to 3. ..... CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR,JJ. DATE : JULY 15, 2010. P.C.: Heard the learned counsel for the petitioner and the learned Asstt. Govt. Pleader for the respondent nos.1 to 3. 2. The grievance of the petitioner is that the respondent nos.2 and 3 want to construct a reservoir in village Vihal, taluka Karmala, dist. Solapur. The petitioner is anticipating that the land of the petitioner would be used for the purpose of construction of the reservoir without following the due procedure relating to acquisition and, therefore, the present petition. 2 wp3093.10 3. Affidavit dated 22.4.2010 has been filed by the Sub-Divisional Officer, Minor Irrigation (Local Sector), Sub-Division Modnimb. In paragraph 1 of the said affidavit, it is specifically stated that in case the land of the petitioner is required for construction of the reservoir, due procedure applicable in law in this regard would be followed and it is only thereafter that the possession of the said land would be taken. 4. In view of the above referred statement in the said affidavit made by the Sub-Divisional Officer, the apprehension expressed by the petitioner, referred to hereinabove, is unfounded. Hence, the petition suffers from lack of merit. The same is dismissed. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)