The High Court rejected a writ petition challenging the denial of a land acquisition certificate. The delay of 38 years without explanation rendered the petition unmeritorious as facts were identical to a prior dismissed petition (WP 6881/2011).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WP 2043/16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2043/2016
Balu Maroti Isankarle.
...Petitioner..
Versus
The State of Maharashtra & others.
...Respondents...
.....
Shri S.V. Jadhav, Advocate for petitioner.
Shri S.S. Dande, AGP for respondent nos.1 to 3.
.....
CORAM: R.M. BORDE & K.L. WADANE, JJ.
DATE: 01.08.2016
ORDER :
1]The petitioner has been denied the certificate on
the ground that he has approached the authority after
lapse of 38 years from the date of acquisition of land of
the petitioner. No explanation is given by the
petitioner as to why there is such an inordinate delay.
2]Our attention is invited to a decision by this Court
in Writ Petition No.6881/2011 decided on 20.1.2012.
3]For the reasons recorded in Writ Petition No.
6881/2011 decided by this Court on 20.1.2012 and in view
WP 2043/16
of the facts and circumstances of the instant petition,
which are identical to aforesaid writ petition dealt with
by this Court, the request of the petitioner does not
deserve consideration. The instant writ petition as such
stands rejected.
(K.L. WADANE, J.) (R.M. BORDE, J.)
ndk/ c18162.doc
1 issue framed by the court
Whether a writ petition challenging denial of land acquisition certificate with inordinate delay (38 years) deserves consideration given identity of facts with a prior judgment.
Colour shows how this judgement treated each authority
Writ Petition No.6881/2011 decided on 20.1.2012Referred¶17
Balu Maroti Isankarle
The State of Maharashtra
R.M. Borde
K.L. Wadane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court