42wp118.11.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 118 of 2011 (Sau.Indrawatidevi M. Gupta .vs. Sub-Divisional Engineer and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 04/02/2011. Heard Mr.U.K.Bisen, Adv. for the petitioner and Mr.N.W.Sambre, Government Pleader for respondent nos. 1 and 2. In the instant petition, the grievance of the petitioner is in respect of his land bearing Survey No.86 of mouza Kiloni, Tq.Bhadravati, District Chandrapur. It is submitted that four lane State Highway is passing by the side of his land and in the process, the land of the petitioner is likely to be affected because of work of construction of the said State Highway likely to be undertaken by the respondent. Mr. N. W. Sambre, Government Pleader has submitted that affidavit-in-reply has been filed by the Sub-Divisional Engineer dt. 1.2.2011 and in para three of the said 42wp118.11.odt 2 . affidavit, the deponent has stated on oath that the proposed State Highway diversion is not passing through the land of the petitioner bearing Survey No.86 of mouza Kiloni, Tq. Bhadravati, District Chandrapur. It is further stated in the said affidavit that construction of State Highway shall be in accordance with the provisions of the National Highways Act, 1956 and the Bombay Highway Act, 1956 and Rules made thereunder. In view of the above referred categorical statement made by the Government Pleader, which is reflected in the affidavit filed by the Sub-Divisional Engineer, there is no reason for us to disbelieve that the State Highway diversion is not passing through the land of the petitioner nor is going to cause any damage to the land of the petitioner. In that view of the matter, the petition is pre- mature at this stage and is disposed of accordingly. The interim order stands vacated. JUDGE JUDGE jais