:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7710 OF 2008 Shri Bhagwat Ghorakh Wagh and ors. ..Petitioners Vs. The District Collector, Solapur and ors. ..Respondents Mr. S.S. Salunkhe for petitioners. Mr. R.P. Behere, AGP for respondent nos.1 to 5. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 21, 2009. Date : January 21, 2009. Date : January 21, 2009. P.C.: P.C.: P.C.: 1. We have heard the learned counsel for the petitioners. Petitioner Nos.1 to 9 are the residents of village Wafale, Taluka Mohol and petitioner no.10 is the resident of village Jadhav Wadi, Taluka Madha, District Solapur. As noted in the earlier order dated 12/12/2008, the petitioners alleged that their land was being acquired or sought to be acquired without initiating the process of acquisition. 2. The affidavit-in-reply filed by the Executive :2: Engineer, Minor Irrigation (Local Sector), Division Solapur states that the Government has been trying to take steps to acquire the land and when the Government officers tried to enter upon the petitioners’’ land for measurement, a situation of law and order was created and the measurement work had to be abandoned. It is the case of the State Government that because of the non-cooperation from the petitioners and other residents of village Wafale that the required steps for acquisition of the land could not be taken. 3. Mr.Behre the learned AGP has assured us that the petitioners’ land which falls in the submergence area will be acquired by following the due process under the Land Acquisition Act, 1894. We have also noted from the affidavit-in-reply that the location of the proposed storage tank is between two villages and more than one villages are likely to be benefited by the said tank. Nomenclature by itself does not indicate that the proposed storage tank is likely to be exclusively for village Khandobachiwadi. In fact, the notice issued on 5/3/2008 indicates that the tank is proposed for Khandobachiwaid as well as :3: for Wafale. We have also noted that the petitioners and similarly placed other residents have been approaching this court by way of writ petitions and that could be one of the reasons that the process of acquisition is delayed. We hope that better wisdom will prevail upon the petitioners and they will co-operate with the State authorities enabling them to take appropriate steps for acquisition of land from village Wafale. 4. Petition is rejected. (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)