IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.2432 OF 2006 APPLICATION NO.2432 OF 2006 APPLICATION NO.2432 OF 2006 IN IN IN WRIT WRIT WRIT PETITION NO.2780 OF 1989 PETITION NO.2780 OF 1989 PETITION NO.2780 OF 1989 Sou.shalabai Rangrao Chougule & Ors. ...Applicants Vs. State of Maharashtra & Ors. ...Respondents Mr.Dilip Bodke for the Applicants Mr.Vinay Sonpal, A.G.P. for Respondent Nos.1 and 2. CORAM CORAM CORAM :- :- :- B.H.MARLAPALLE & B.H.MARLAPALLE & B.H.MARLAPALLE & NARESH NARESH NARESH H.PATIL H.PATIL H.PATIL,JJ. JJ. JJ. DATE DATE DATE : 7TH OCTOBER, 2006 : 7TH OCTOBER, 2006 : 7TH OCTOBER, 2006 P.C. P.C. P.C. 1. Heard Mr.Bodke the learned Counsel for the Applicants. 2. The Applicants’ Petition i.e. Writ Petition 2780 of 1989 was dismissed by this Court on 31st March,1990 for non prosecution. 16 years later this application is made for its restoration and we are not satisfied for the reasons set out for this long delay. 3. We therefore, reject the application and clarify that the Applicants’ right to apply under section 48 of the Land Acquisition Act,1894 before the Competent Authority for deletion of the Applicants, in case the Petitioners are still in possession, is not affected by the dismissal of the Writ Petition. (NARESH (NARESH (NARESH H.PATIL,J.) H.PATIL,J.) H.PATIL,J.) (B (B (B.H.MARLAPALLE,J.) H.MARLAPALLE,J.) H.MARLAPALLE,J.)