Lsp 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 WRIT PETITION NO. 8342 of 2008 Vishnu Sakharam Lahamge ...Petitioner V/s. Executive Engineer-Kadwa Project & anr. ...Respondents Mr. B.P.Abhale for the petitioner. MR. A.P.Vanarase i/b. S.D.Rayrikar, AGP for respondents 1 to 3. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 2ND MARCH, 2009 : 2ND MARCH, 2009 : 2ND MARCH, 2009 P.C. . Heard Counsel for the Petitioner. 2. No fault can be found with the view taken by the Trial Court in returning the plaint to the Petitioner for being presented before proper/competent forum. That view is founded on the decision of the Apex Court. Counsel for the Petitioner, however, submits that in the present case the Petitioner was not questioning the correctness of validity of Section 4 notification as such, but the ground made out was that the acquisition action has become void as no consequential Section 6 notification was issued in time. This argument clearly overlooks that even for that the Court will have to go into the question whether Section 4 notification is still valid and subsisting which aspect is addressed by 2 the Civil Court in terms of exposition of the Apex Court in the case of Laxmi Chand & ors. v/s. Gram Panchayat Laxmi Chand & ors. v/s. Gram Panchayat Laxmi Chand & ors. v/s. Gram Panchayat Kararia Kararia Kararia & ors. reported in AIR 1996 SC 523 & ors. reported in AIR 1996 SC 523 & ors. reported in AIR 1996 SC 523 as well as State State State of Bihar v/s. Dhirendra Kumar & ors. reported in of Bihar v/s. Dhirendra Kumar & ors. reported in of Bihar v/s. Dhirendra Kumar & ors. reported in AIR AIR AIR 1995 SC 1955. 1995 SC 1955. 1995 SC 1955. 3. In the circumstances, this Petition will have to be dismissed. Counsel for the Petitioner, however, submits that the present Petition be converted into Writ Petition under Article 226 of the Constitution of India and relief which is claimed in the suit be granted in the present Writ Petition. It is not possible to accept this request as the present Petition is filed to question the correctness of order dated 12th June, 2008 passed by the Civil Court in Regular Civil Suit No. 318/1996. In other words, it is continuation of the said proceedings. If the Petitioner so desires, is free to file fresh Writ Petition so as to seek appropriate relief as may be advised. All issues in that behalf on merits will have to be addressed by the Court at the appropriate stage. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]