: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1600 OF 2001 WITH CIVIL APPLICATION NO.486 OF 2001 Ramchandra Kero Patil .. Petitioner v/s. Special Land Acquisition Officer (I) & Ors. .. Respondents ........ None for the petitioner Mr. S.D. Rayrikar, AGP for respondents ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 19th December, 2009. P.C. : 1. The petitioner-party in person filed this petition under Article 226 of the Constitution and challenged the proposed acquisition of his land located in Survey No.93, Hissa No.1A Plot No.1. 2. On 12th October, 2001, when this petition was called out for hearing on admission, the petitioner’s letter addressed to the Registry was referred : 2 : to in which he had stated that he was following up with the State Government and expected to resolve the dispute with the Government. When the petition came up for further hearing on 15th June, 2007, the Court had directed that petition be listed for final hearing though it was not admitted and though notices issued to the petitioner were returned with postal remarks “Refused”. 3. Dr. Jaikrishna Phad, the Special Land Acquisition Officer, Alibaug, Dist. Raigad has filed affidavit in reply and has stated that the declaration under Section 6 of the Land Acquisition Act 1894 of the petitioner’s land was issued on 29th April, 2000 and the land was sought to be acquired for construction of alternate road outside the Alibaug city and the said notification was published in the Government Gazette on 21st May, 2000. Thereafter, the petitioner submitted the application to the Divisional Commissioner, Konkan Division for releasing the land under Section 48-A of the Land Acquisition Act, 1894 and the said application was allowed as the land sought to be acquired was no more required. The Divisional Commissioner, Konkan Division issued a Circular on 16th November, 2002 releasing the petitioner’s land from acquisition i.e. land admeasuring 0-33-75 from Survey No.93, Hissa No.1A of village Chendhare, Tal. Alibag and the copy of the said circular has been annexed to the affidavit filed by : 3 : Dr. Phad. Consequent to the said decision of the Divisional Commmissioner, Konkan Division, mutation entry No.4779 dated 5th December, 2002 has been already made in favour of the petitioner in the 7/12 extract. 4. Hence, nothing further survives in this petition and it has become infructuous. The petition is, therefore, dismissed as infructuous. Civil Application No.486 of 2001 does not survive and is dismissed as such. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]