-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1101 OF 2008 NO.1101 OF 2008 NO.1101 OF 2008 Shri Baban S. Deshmukh and ors. ...Petitioners v/s The State of Maharashtra and ors. ...Respondents Mr J. Hussein for Petitioners. Mr N.P. Deshpande, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 4TH AUGUST 2008. -2- P.C. :- 1. The petition is directed mainly against the order dated 31st March 2004 passed by the Divisional Commissioner, Pune. By that order, the Divisional Commissioner, Pune has deleted land from survey No.25/29, situated at Kothrud, Taluka Haveli, District Pune from acquisition by exercising powers under section 48 of the Land Acquisition Act 1894. It appears that against the said order dated 31st March 2004, petition was filed by the petitioner No.4 in this Court which was writ petition No.4928 of 2006. That petition was permitted to be withdrawn, but liberty was granted only to the persons who are aggrieved by the action to file a fresh petition. Obviously, the petitioner No.4 who was not personally aggrieved was not granted any liberty to file any fresh petition, but surprisingly in this petition, again petitioner in writ petition No.4928 of 2006 has been joined as petitioner No.4. Therefore, at his instance obviously the petition is not maintainable. So far as the petitioner Nos.1 to 3 are concerned, even assuming that they are persons who are aggrieved by the order dated 31st March 2004, they have filed this petition on 18th January 2008. The petitioner Nos.1 to 3 have not given any explanation, except referring to -3- the petition filed by the petitioner No.4, for not approaching the Court immediately after the order dated 31st March 2004 was made. The present petition has been filed on 18th January 2008 i.e. more than three years after the order dated 31st March 2004 was made. Even the limitation for filing civil suit is over by the date on which the petitioner Nos.1 to 3 have filed this petition. In the absence of any explanation for inordinate delay, this petition cannot be entertained. It is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)