1 wp3150.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3150 OF 2009 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri A.B. Kale, Advocate for the petitioner. Shri K.G. Patil, A.G.P. for respondent nos. 1 to 3. Smt. C.R. Chaudhari, Advocate for respondent nos. 4 and 5. ..... CORAM : SMT. NISHITA MHATRE & SHRI M.T. JOSHI, JJ. Date : 1st July, 2011. . The petitioner has approached this Court for a direction against the respondents to acquire his land bearing Gut no. 190 in village Shendurni, Tq. Jamner, Dist. Jalgaon to the extent of 2 H 10 R. According to the petitioner, a part of this land was acquired for the construction of a Dam. The acquisition proceedings were initiated in 1995. The petitioner contends that because of the construction of this Dam, the rest of his land gets water logged and cannot be uncultivated. 2. This fact has been denied by the respondent nos. 4 and 5 through the Affidavit of Vijay Laxman Kharade, Minor Irrigation, Sub-Division, Jamner. He has stated on 2 wp3150.09 oath that the petitioner is cultivating the land since 1999 and has grown various crops as seen from the 7/12 extracts. 3. In our opinion, since there are disputed questions of fact, as to whether there is any water logging in the land owned by the petitioner, it is not possible for us to direct the Government to acquire the land. The Petition is rejected. The petitioner may avail of a suitable remedy to exercise his rights. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/wp3150.09