1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4059 OF 2008 WRIT PETITION NO. 4059 OF 2008 WRIT PETITION NO. 4059 OF 2008 Dattatray Anandrao tanpure. .. Petitioner. vs. The State of Maharashtra, & Ors. .. Respondents. Mr. Amit Borkar for Petitioner. Ms. P.S. Cardoza, AGP., for Respondent Nos. 1 to 3. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt. MRIDULA BHATKAR, JJ. Smt. MRIDULA BHATKAR, JJ. Smt. MRIDULA BHATKAR, JJ. DATE: 21ST APRIL, 2009. DATE: 21ST APRIL, 2009. DATE: 21ST APRIL, 2009. P.C. . Heard the learned counsel for the parties. 2. This is the petition filed by the land owner whose land came to be acquired under the Land Acquisition Act by issuing a notification under Section 4 of the Land Acquisition Act on 24.4.2000. After following the due procedure, award came to be passed on 12.10.2002. A notice under Section 12(2) of the Land Acquisition Act also came to be issued to the 2 petitioner including notice for possession under Section 16 of the said Act. Thereafter it appears that the petitioner has approached the Additional Commissioner, Pune Division, Pune under Section 48 (1) of the Land Acquisition Act and by an order dated 31.12.2005, the Additional Commissioner, Pune Division, Pune has granted stay from taking possession and has passed an order that the petitioner cannot sell or dispose of the land till decision of the Government is conveyed as per the impugned order passed by the respondent Additional Commissioner, Pune Division, Pune on 27.6.2006. 3. In view of the fact that the State Government has not yet taken any decision in the matter, it will not be proper for us to quash and set aside part of the order dated 27.6.2006 which restricts the petitioner from transferring the land under acquisition and the notice to that effect dated 28.1.208 which is annexed as Exhibit "F" to the petition, it will be proper that the petitioner approaches the State Government and gets his matter decided as per the reference made by the Additional Commissioner, Pune Division, Pune. We make it clear that in case the petitioner files such a representation within a period of two weeks, the State Government will take a decision after giving due opportunity of hearing to the petitioner relating to 3 the subject land and pass a speaking order preferably within a period of three months from the receipt of the representation. 4. The petition stands disposed of accordingly with no order as to costs. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt. Mridula Bhatkar, J.) (Smt. Mridula Bhatkar, J.) (Smt. Mridula Bhatkar, J.)