1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2346/1993 Shivnarayan Sundarlal Vyas Vs. State of Mah. and another. ----------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's order Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------------ Coram : A.P. Lavande And P.D. Kode, JJ. Dated : 16th March 2009. Heard Mr. P.C. Madkholkar, learned counsel for the Petitioner and Mr. N. Sambre, learned Government Pleader for the respondents. This petition has been filed by the petitioner challenging the land acquisition proceedings pursuant to which the land of the petitioner bearing Gat No. 10 of village Mana, Tahsil Murtizapur, District Akola was sought to be acquired in terms of the Notifications issued under Sections 4 and 6 of the Land Acquisition Act (“the Act” for short). On behalf of the respondents affidavit of Shri Ramesh Natha Ghewande, Land Acquisition Officer, Murtizapur, dated 6th March, 2009 has been filed in which it has been stated that the Government has agreed to withdraw the acquisition proceedings in respect of the land of the 2 petitioner in exercise of the powers under Section 48 of the Act, subject to certain conditions. In view of the action taken by the respondents to drop the land acquisition proceedings, cause of action for filing the present petition no more survives. Mr. Madkholkar, learned counsel for the petitioner has invited our attention to the order dated 1st November, 1993 in which this Court while issuing rule has observed that the records disclosed that suspicious document was created by the Land Acquisition Officer just to overcome the difficulty of limitation, insofar as notifications under Sections 4 and 6 of the Act are concerned, the Division Bench also directed AGP to clarify this position by filing affidavit of the concerned Land Acquisition Officer. Mr. Sambre, learned Government Pleader states that he has brought the order dated 1st November, 1999 to the notice of the Principal Secretary, Government of Maharashtra and requested him to take appropriate action against the then Land Acquisition Officer. Mr. Sambre assures the Court that appropriate action will be taken by respondent no.1 against the erring official. 3 We accept the statement. We also hope and trust that the action would be taken at the earlist since the matter has been pending for more than 15 years in this Court. The petition stands disposed of in the aforesaid terms. JUDGE JUDGE Ambulkar.