1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3375 OF 2009 Shri Santosh s/o Soma Rathod, Age 42 years, Occu.Agril., R/o Nagad,Taluka Kannad, District Aurangabad .. Petitioner Versus 1. The State of Maharashtra through Secretary, Irrigation Department, Mantralaya, Mumbai 32 2. The Special Land Acquisition Officer, Krushna Khore Development Corporation, Collector Office, Aurangabad 3. The Executive Engineer, Minor Irrigation (Local Sector), Aurangabad .. Respondents Shri S.N.Rodge, Advocate for petitioner Shri V.H.Dighe, Asstt.Govt.Pleader for respondents 1 to 3 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 30th September 2009 2 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner prays for directing respondents 2 and 3 to decide the representation of the petitioner for payment of rental compensation. 3. Undisputedly, the petitioner had submitted an application on 29.12.2008 claiming payment of rental compensation. The aforesaid application has not been decided. We have heard learned Counsel for the petitioner and learned Assistant Govt.Pleader who appears on behalf of respondents 1 to 3. Since the aforesaid application is pending consideration with the respondents, and in the light of the affidavit-in-reply filed on behalf of the respondents wherein it is stated at paragraph 4 that the representation of the petitioner would be decided on its own merits including the question of liability and entitlement of the petitioner for rental compensation. In the light of that statement, therefore, we allow this petition and direct the respondents to decide the said application of the petitioner, if pending, in 3 accordance with law, within period of six months from today and communicate the decision thereon to the petitioner. 4. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/3375.09wp 4