8.wp.179-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.179 OF 2009 Shivaji Vithal Gatkul and others. ..Petitioners. Versus The Special Land Acquisition Officer No.(13) Pune and others. ..Respondents. .... Mrs.P.H. Potnis, Advocate for the Petitioners. Mr.V.S. Godbole, A.G.P., for respondent Nos.1 to 3. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 18TH NOVEMBER, 2009 P.C.:- 1. The petitioner by this Petition seeks a writ of mandamus to the respondents directing them to decide his application filed under Section 28-A of the Land Acquisition Act. The petitioner filed application under Section 28-A of the Land Acquisition Act on 22.7.1999. It appears that thereafter the Land Acquisition Officer issued notice on 11.4.2000 for enquiry. Pursuant to that, the petitioner appeared before the Land Acquisition Officer and filed their say. It appears that thereafter further progress was not made in the proceedings. It appears from the reply filed on behalf of the respondents that the appeal was filed in this Court 8.wp.179-09 2 against the award passed by the Court in the reference and that appeal was admitted by this Court. Obviously, therefore, as appeal was filed against the award, further proceedings under Section 28-A of the Land Acquisition Act were not taken. It appears from the affidavit that the appeal of the respondent, filed in this Court, was dismissed for not filing paper-book. However, the respondents are taking steps to get that appeal restored. 2. In our opinion, as the appeal has been filed and there is likelihood of that appeal being restored, the respondents were justified in not proceeding further with enquiry under Section 28-A of the Land Acquisition Act. In any case, before approaching the Court, the petitioner did not call upon the respondents to decide the matter or to disclose the reasons why they are not disposing of the matter. 3. Taking overall view of the matter, in our opinion, no order can be passed in the Petition. Petition is rejected. (D.K.DESHMUKH,J) (K.K. TATED,J)