1 W.P. No.5802 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.5802 Of 2011 Anantrao s/o Gopalrao Chavan And Others. .. Petitioners. Versus The State of Maharashtra And Others. .. Respondents. -------- Shri. Amit A. Mukhedkar, Advocate for petitioners. Shri. V.H. Dighe, Assistant Government Pleader, for respondent Nos. 1 to 4. -------- CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 10th AUGUST 2011 PER COURT : 1) Heard learned counsel for the parties. 2) In this writ petition, the petitioners have made following prayers : "(B) Your Lordships may graciously be please to direct the Respondents, to call for expert's opinion on the grievance raised by the petitioner in its representations/objection dtd.7-2-2011 and 30-5-2011 and to decide the grievance raised by the petitioners in said representation, in the accordance with the said expert's opinion, regarding choosing of incorrect site for construction of sub-canal no.64 by respondent no.3 2 W.P. No.5802 of 2011 in the project namely 'Nimna Dudhna Prakalpa Dawa Kalwa', by issuing a Writ of Mandamus or any other Writ or Order in the nature of Writ of Mandamus; (C) To direct the Respondent no.3, to take decision upon the grievance raised by the petitioner in its representations/objection dtd.7-2-2011 and 30-5-2011, by issuing a Writ of Mandamus or any other Writ or Order in the nature of Writ of Mandamus; (D) To direct the Respondents, to shift the proposed site for construction of sub-canal no.64 in the project namely "Nimna Dudhna Prakalpa Dawa Kalwa', and to construct the same in straight direction." 3) The petitioners have stated that, in response to advertisement dated 26th May 2011 published in "Daily Sakal" (Exhibit P-4), they submitted their representations/ objections vide application dated 30th of May 2011. Admittedly, their objections are not considered by respondent No.3 till this date. In view thereof, learned Assistant Government Pleader, on instructions, submits that respondent No.3 will consider the objections and forward his report to the Collector within a period of 8 weeks from today. His statement is accepted. 4) As prayed for by learned counsel for the petitioners, it is open to the petitioners to furnish 3 W.P. No.5802 of 2011 additional documents/material in support of their claim made in the representation dated 30-5-2011 within a period of two weeks from today. If the petitioners furnish further material/documents within the stipulated time, respondent No.3 shall take that also into consideration and submit his report within the stipulated time to the Collector. With these observations the petition is disposed of. 5) Learned counsel for the petitioners undertakes to pay deficit Court fees within a period of 10 days from today. His undertaking is accepted. The Registry shall not issue authenticated/certified copy of this order unless deficit Court fees is paid by the petitioners. Sd/- Sd/- (S.B. DESHMUKH, J.) (D.B. BHOSALE, J.) rsl