1 wp885.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 885 OF 2010 Gajanan S/o Manikrao Gavande, Age : 30 years, Occ : Agriculture, R/o Village Bharadkheda, Taluka : Jafrabad, District Jalna and others. ..PETITIONERS -VERSUS- The State of Maharashtra and others. ..RESPONDENTS ..... Shri Rajendra Deshmukh, Advocate for the petitioners. Shri K.G. Patil, A.G.P. for Respondent/State. Shri J.J. Patil, Advocate for respondent no.6. ..... (CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATED : 13th July, 2011. ORAL ORDER :- 1. The order impugned in the present Petition has been passed by the Taluka Inspector of Land Records, Jafrabad, on 04th January, 2010. He has stated in his order that changes are being made in the consolidation scheme, in accordance with the measurement recorded by him. 2. The petitioners are aggrieved by this order, firstly because, respondent no.5 had no jurisdiction or power to pass such an order and 2 wp885.10 secondly because, he has passed the order based on an application, which was made 26 years after the consolidation scheme had come into effect. 3. An affidavit has been filed by the Superintendent of Land Records, Jalna, in which, he has stated that respondent no.5 i.e. T.I.L.R. was asked to make a detailed enquiry in accordance with law by respondent no.2-the Settlement Commissioner on receipt of the application made by the respondent no.6 for correction of the scheme. The T.I.L.R. has proposed certain changes and forwarded the proposal to the Settlement Commissioner. According to the affiant, the petitioners have been informed about this, by notice dated 4th January, 2010. He has also stated that the Settlement Commissioner will hear the petitioners as well as the respondent no.6 and other affected persons, before passing appropriate orders. 4. We have perused the impugned order and in our opinion, T.I.L.R. could not have stated in his order that the changes are being made in the consolidation scheme in accordance with the measurement recorded by him. He had no power to pass such an order. 5. Therefore, the impugned order is set aside to that extent. The statements made in the affidavit filed by the Superintendent of Land Records, Jalna that, a hearing will be afforded to the petitioners and 3 wp885.10 respondents by the Settlement Commissioner are accepted and the Petition is disposed of, accordingly. All the contentions raised in the Petition are left open for the petitioners to raise them before the Settlement Commissioner or before any other appropriate forum. (M.T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) ga s/wp885.10