R.M. Borde, J.

1. The petitioners, who are holders of small plots out of land situate at village Ladgaon, are questioning proceedings of acquisition of lands at the instance of MIDC (Additional Shendra Industrial Area) undertaken by Respondent No.3 Sub-Divisional Officer & Land Acquisition Officer, Aurangabad. The petitioners also pray for issuance of writ of quo warranto to Respondent No.3 calling upon him to explain as to in what capacity of law, he has proceeded in respect of acquisition of lands situate at village Ladgaon, Taluka and District Aurangabad.

2. Petitioners are admittedly purchasers of small pieces of plots situate at village Ladgaon on different dates between the period 2004 to 2009. The lands in village Shendra, Taluka and District Aurangabad, were notified under Section 1(3) of the Maharashtra Industrial Development Act, 1961 (herein after referred to as “Act of 1961”), as “Industrial Area” for establishment of Shendra Urban Industrial Zone on 06.01.1996. According to petitioners, the Sub Divisional Officer & Land Acquisition Officer was delegated with the powers under Sections 32, 32(2), 36 and 38 of the Act of 1961. Petitioners contend that the deleg