1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5317 OF 2010 1. Kautik Sada Mali (died) through legal heirs:- 1-a) Smt. Yashodabai Kautik Mali, Age 60 years, Occ. Housewife, R/o Songir, Taluka & District Dhule. 1-b) Bansilal Kautik Mali, Age 48 years, Occ. Service, R/o Songir, Taluka & District Dhule. 1-c) Motilal Kautik Mali, Age 42 years, Occ. Business, R/o Songir, Taluka & District Dhule. 1-d) Rajulal Kautik Mali, Age 40 years, Occ. Business, R/o Songir, Taluka & District Dhule. 1-e) Shanalal s/o Kautik Mahajan (Mali), Age 37 years, Occ. Business, R/o Songir, Taluka & District Dhule. (Power of Attorney holder of petitioner Nos.1-a to 1-d) ... PETITIONERS VERSUS 1. The State of Maharashtra through its Secretary, Public Welfare Department, Mantralaya, Mumbai. (Copy to be served upon Government Pleader, High Court of Bombay, Bench at Aurangabad) 2 2. The Acquisition Officer, National Highway No.3 and Special Land Acquisition Officer No.2, Collector Office, Dhule. ... RESPONDENTS ..... Shri S.P. Tiwari, Advocate holding for Shri N.L.Choudhari, Advocate for petitioners Shri K.J. Ghute Patil, A.G.P. for respondents ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 21st June, 2010 PER COURT : 1. By this petition under Article 226 of the constitution of India, the petitioner prays for issuance of a writ directing respondent No.2 to grant three months time for vacating the premises i.e. Gat No. 244/2A and Gat No.244/2B, situated at Songir, Taluka and District Dhule, on the National Highway No.3. 2. Undisputedly, the aforesaid land came to be acquired in accordance with law and compensation has also been paid to the petitioners. The petitioners state that, the construction of their hotel at alternate site has not commenced on account of several difficulties. The petitioners have no legal right whatsoever to remain in possession of the property which now vests in the Government, free from all 3 encumbrances. Since the petitioners have no legal right, no writ can be issued for directing the respondents to grant three months time to the petitioners for vacating the premises. In that light of the matter, this writ petition is summarily dismissed with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)