(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 3077 OF 2007 Dattatraya s/o. Runjaji Pawar, Age : 55 years, Occupation : Nil (Ex-Serviceman), R/o. House No. 226, Bakkal Galli, Ahilyabai Road, Behind Mahanagar Palika School, Chikalthana, Aurangabad, Taluka & District : Aurangabad. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Forest and Revenue Department, Mantralaya, Mumbai - 32. 2. The Divisional Commissioner, Commissioner Office, Aurangabad. 3. The Collector, Collector Office, Aurangabad. 4. The Police Commissioner, Mill Corner, Aurangabad. .. Respondents. ....................... (2) Mr. V.G. Gangapurwala, Advocate, holding for Mr. B.A. Darak, Advocate, for the petitioner. Mr. N.B. Khandare, Government Pleader, for respondent nos.1 to 4. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 9TH FEBRUARY 2010 COURT'S ORDER (Per A.P. Deshpande, J.) : 1. This petition seeks to enforce a right conferred under Government Resolution dated 30th December 1971, issued by the Government of Maharashtra. According to the said Government Resolution, lands are to be allotted for cultivation to the members of Armed Forces or their families, if the Defence personnel had made outstanding contribution in Indo-Pak war. The benefit under the said Government Resolution is made available to those "who have either died or who have been wounded, disabled or have received gallantry award in the Indo-Pakistan conflict". 2. The petitioner has claimed that the petitioner is recipient of gallantry award as he was conferred Sangram (3) Medal, so also, 25th Anniversary Medal, which is referred to at Serial No. (A) for participation in an operation titled as "Cactus-Lily". The said communication is of September 2008 filed along with Civil Application No. 10866/2008. Touching the same, the Collector had written a communication to District Sainik Board, Aurangabad, and the District Sainik Board, Aurangabad, vide communication dated 1st December 2009, has informed that the petitioner, in the present Writ Petition, has not received any gallantry award and it is also stated that the petitioner is not entitled to any benefit under the Government Resolution dated 30th December 1971. 3. Having regard to the communication received by the Collector, from District Sainik Board, we hold that the petitioner is not entitled to claim the benefit of allotment of land under the Government Resolution dated 30th December 1971. Hence, the petition deserves to be dismissed in limine. 4. At this stage, the learned Counsel appearing for the petitioner submits that under the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971, some benefits are available even to Ex-Defence personnel who are not covered by the Government Resolution dated 30th December 1971, and the petitioner proposes to claim such a benefit. (4) 5. If that be so, we make it clear that it shall be open for the petitioner to apply for the benefit, if conferred on Ex- Defence personnel, under any other Government Resolution or the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971. 6. With the above observations, the petition is dismissed. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/wp3077