1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR WRIT PETITION NO.2751/2008 Mahesh s/o Shankarrao Gulhane ...Versus... The State of Maharashtra and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri G.S. Bapat, Adv. for petitioner] [Shri A.M. Deshpande, AGP for respdt. Nos.1 to 3] CORAM:- A.B. CHAUDHARI, J. DATED :- 07.07.2008 The only grievance made by Advocate Shri Bapat for the petitioner is that there was no point in remanding the matter to the Sub-Divisional Officer for fresh enquiry. According to him, the remand order would serve no purpose and is nothing but waste of time. Permission to convert the land for non-agricultural use was already granted in respect of the plot belonging to the petitioner. A.G.P. Shri Deshpande for respondent Nos.1 to 3 opposed the writ petition. 2 Perusal of the impugned order shows that the learned appellate authority has remanded the matter to find out whether plot in respect of which NA permission was granted will have an impact on the State Highway that is passing. For whatever purpose the remand order has been made, in my opinion, if there is failure on the part of lower authority to make appropriate enquiry even on a single aspect, no fault can be found with the impugned order. After all the petitioner will be at liberty to raise all his contentions before the lower authority after remand and the Sub-Divisional Officer, Arvi will consider the aspect regarding need of land, if any, for State Highway, as observed by the learned appellate authority. It is only thereafter the matter will be decided after remand. Writ Petition is, therefore, dismissed. No order as to costs. JUDGE ssw