{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5039 OF 2009 Shaikh Halimabee w/o Sk.Mannu Age-50 years, Occ-Agril R/o Adgaon, Tq & Dist-Aurangabad PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Industries, Energy and Labour Department, Mantralaya, Mumbai 2. Inspector General of Registration And Collector of Stamps, M.S.Pune, Ground Floor, Opposite Vidhan Bhavan (Council Hall), New Administrative Building Pune 3. Deputy Inspector of Registration, Aurangabad Division, Central Administrative Building 2nd Floor, (South East Cabin) Collector Office Compound Aurangabad 4. Regional Officer, Maharashtra Industrial Development Corporation, Aurangabad RESPONDENTS ....... Mr.S.S.Thombre, Advocate for the petitioner. Mr.N.N.Jadhav, AGP for respondents No.1 to 3 Mr.G.S.Khaire h/f Mr.S.S.Dande, Advocate for respondent No.4 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 28th August 2009 {2} ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. By the present petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ of certiorari for quashing the letters dated 14.11.2007, 18.12.207 and 21.01.2008 issued by Regional Officer MIDC, Aurangabad, Inspector General of Registration, Pune and Deputy Inspector General of Registration, Aurangabad, respectively, thereby refusing registration of the lands notified for SEZ under notification dated 04.01.2007. 3. The facts which gave rise to file the present petition can be summarized thus- The petitioner is owner of an agricultural land situated at village Adgaon and as the petitioner is in need of financial assistance, for maintenance of the family, the petitioner decided to sale the said land situated in Gut No.159. The petitioner has also received earnest money from the proposed purchaser. It is contended that when the petitioner inquired with the Sub Registrar, Aurangabad in respect of registration of the sale deed, the Sub Registrar informed that the proposed sale deed cannot be registered as the said land is situated in the area notified under the Maharashtra Industrial Development Act. It is contended that in view of the said notification issued under the MID Act, the Regional Officer, MIDC, Aurangabad has informed the Inspector General of Registration Pune not to register the lands situated within the notified {3} area. Accordingly instructions are issued to all the subordinates not to register the sale or alienation transactions of the lands situated within the notified industrial area. According to the petitioner till date neither notification u/s 32 (1) of the MID Act has been issued nor acquisition proceedings are initiated for acquisition of the lands for SEZ. Hence, the present petition. 4. Heard learned counsel for the parties. 5. We have disposed of writ petition Nos.3941/2009, 3944/2009 and 4193/2009 involving identical issue vide judgment dated 14.08.2009. In the said judgment we have held that the lands were not acquired nor notification u/s 32 (1) of the MID Act has been issued or acquisition proceedings have been initiated and hence the impugned communications are without jurisdiction. In the present petition also the said communications are under challenge. As we have already concluded that the said communications are issued by the authorities without jurisdiction, we hereby quash and set aside the communications dated 14.11.2007, 18.12.2007 and 02.01.2008, impugned in the present petition. 6. Writ petition succeeds Rule is thus made absolute in terms of prayer clause “A”. Writ petition disposed of with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5039-09