1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8214 OF 2008 Shankar Vishnu Kad ...Petitioner v/s State of Maharashtra and others ...Respondents Mr G.S. Godbole i/b Mr A.B. Tajane for Petitioner. Mr V.S. Gokhale, AGP for Respondent Nos.1 to 4. Mr V.B. Tapkir for Respondent No.5. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 24TH NOVEMBER 2009. 2 P.C. :- 1] The petitioner by this petition has claimed two final reliefs by prayer clauses (b) and (c). They read as under :- b] this writ petition may be allowed and by appropriate writ or direction the respondent No.2 may be directed to accept the choice of the petitioner and acquire land gat No.287 area 0 Hectare 26 R and southern side of land gat No.335 Area 0 Hectare 52 R for Resettlement of Bhama Ashkhed Project Affected Persons; c] in the alternative respondent No.2 may be directed to acquire the southern side portion of land gat No.335 Area 0 Hectare 78 R for Resettlement of Bhama Ashkhed Project Affected Persons; Perusal of the petition shows that the 3 petitioner has not disclosed in the petition as to by what Notification any land from his holding was acquired. He claims that he made some application to the respondent No.3  Special Land Acquisition Officer No.17 for acquiring land from gat No.287, Southern portion but that application was not accepted. The date of that application is not disclosed, copy of that application is not filed. It is not stated as to whether the land from the petitioner s holding was already acquired or yet to be acquired. According to the averments in paragraph 5 of the petition, an application was made to the respondent No.3  Special Land Acquisition Officer No.17. It must have been made before the land was acquired, in the sense, before section 6 Notification under the Land Acquisition Act was issued. That was done in the year 2000. No explanation is given whether section 6 Notification is issued or not. In our opinion, this is extremely frivolous petition which has been filed by the petitioner without making any relevant averments, without filing any relevant documents. 4 Perusal of copy of the award which is filed in the petition shows that the land has been acquired, section 6 Notification has been issued on 16th January 2002, Notification issued under sections 4 and 6 are published in the Official Gazette, section 6 Notification is published on the spot as also in the newspapers. Therefore, the petitioner cannot claim ignorance of those Notifications. The land is not only acquired but possession has been taken from the petitioner, even it has been allotted to respondent No.5. If the land is already acquired, then it is not clear why application was made to the Special Land Acquisition Officer No.17 who does not have any power to delete any land from acquisition. Looking at the matter from any point of view, filing of such a petition amounts to misusing the jurisdiction of this Court. The petition is rejected. Parties to act on the copy of this order duly authenticated by Sheristedar / Private 5 Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )