1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1376 OF 1998 Digambar Shahurao Chimni & Oths. .... PETITIONERS V E R S U S The State of Maharashtra & Oths. .... RESPONDENTS Mr.M.M. Patil (Beedkar), Advocate for petitioner. Mrs. S.D.Shelke, Assistant Govt. Pleader for State. Mr. V.V.Bhavthankar, Advocate for respondent no. 3. CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 22/07/2010 ORAL ORDER : 1. The petitioner has filed the present petition seeking writ of mandamus directing respondent nos. 1 to 3 to take steps as provided under the Land Acquisition Act, to prepare the Award and to pay the compensation. 2. From the perusal of the pleadings, it would reveal that various disputed questions of fact including the title of the petitioner to the land 2 alleged to be acquired is challenged in the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India. 3. In any event Mr. Beedkar, the learned counsel for the petitioner fairly concedes that the issue of title to the land in question is pending adjudication before the learned Single Judge in Writ Petition No. 3855 of 1994. We, therefore, dispose of the petition with observation that in the event if any orders are passed in Writ Petition No. 3855 of 1994, accepting the claim of the petitioner to the title of the land in question, the petitioner would be at liberty to raise his claim before the appropriate authorities for the grant of compensation, etc. 4. It is made clear that if such claim is made, the same would be considered by the authority without being prejudiced by the disposal of this petition. 5. The Writ Petition is disposed off with no order as to costs. Rule is discharged. 6. The amount deposited in this Court is directed to be refunded to the Collector along with interest, if any, accrued thereon. 3 7. In view of disposal of Writ Petition, nothing survives in the Civil Application. As such, Civil Application is disposed off. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 1376.98