1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.786/2010 ( The Agriculture Produce Market Committee, Sindi Railway ..V/s.. Special Land Acquisition Officer, (General) Wardha & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Subhash Paliwal, counsel for the petitioner. Ms B.H. Dangre, Addl. G.P. for respondent nos.1 to 3. Mr. M.I. Dhatrak, counsel for the intervenor. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 29 th MARCH , 2010 . Heard Mr. Subhash Paliwal, Adv. for the petitioner, Ms Dangre, Addl. Government Pleader for respondent nos. 1 to 3 and Mr. M.I. Dhatrak, Adv. for intervenor. In the instant petition, the issue before us is regarding handing over of possession of the land in question to the petitioner, who is the acquiring body. The grievance of petitioner is that the land in question was acquired and the Award was passed by the Special Land Acquisition Officer on 23.10.2009. The land was acquired for the petitioner (acquiring body) and the compensation of Rs.9,00,000/- was deposited by the petitioner 2 with the Government on 9.10.2009; however, till this date, the State Government has not handed over possession of the land in question to the petitioner and therefore, present petition is filed by the petitioner for necessary directions to the State Government to hand over possession of the land in question to the petitioner. Mr. N.W.Sambre, Government Pleader has brought to our notice communication dated 21.1.2010 which is annexed with the affidavit filed by the Land Acquisition Officer. On the said communication, there is a note written and signed by the Minister for Revenue which, according to the Government Pleader, demonstrates that further land acquisition proceedings should be stayed and the information in respect of land acquisition proceedings in question needed to be forwarded to the Government. It is, therefore, contended that possession of the land in question, at this stage, was not handed over to the petitioner. The Government Pleader has brought to our notice the provisions of Section 48 of the Land Acquisition Act which provides that the State Government is at liberty to withdraw from the land acquisition proceedings till such time the possession of the land in question has not been taken by the Government. It is submitted that, in the instant case, though the Award is passed and compensation amount has been deposited by the petitioner, however, possession of the land is still with the land owners. It is 3 also brought to the notice of this Court that the proceedings u/s. 48 of the Act are pending before the Government. In the backdrop of the above referred facts, we dispose of the writ petition with direction to the State Government to dispose of the proceeding under section 148 of the Act within a period of four weeks from the date of communication of this order. Steno copy allowed. C.A.W. No.867/2010 Heard the learned counsel for the petitioner. Civil Application No.867/2010 is disposed of keeping all issues open, raised in the said application. C.A.W. No.651/2010 Civil Application No.651/2010 is moved by the intervenor. In view of the disposal of the writ petition, civil application is disposed of. JUDGE JUDGE Tambaskar.