1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.55/2004 ( Sunil Shamrao Shinde .vs. State of Mah. And ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= .......... CORAM : D.D.SINHA &, A.P. BHANGALE, JJ. DATED : FEBRUARY 09, 2009 Civil Application No.9039/2007 The present civil application is moved by the applicant Murlidhar Shankar Choudhary. Neither the applicant nor his counsel is present. Hence the civil application is dismissed for want of prosecution. Civil Application No.792/2008 Heard Mr. B.G. Kulkarni, learned counsel for the applicant, Mr. Anand Parchure, learned counsel for the petitioner and Mr. N.W. Sambre, learned Government Pleader for the State. The present civil application is moved by the applicant seeking appropriate directions. The learned 2 counsel for the applicant states that as on today there is no apparent prejudice as such caused to the petitioner and, therefore, seeks permission to withdraw the present application and prays that the issues raised in the application may be kept open. In the circumstances, civil application is disposed of as withdrawn. Issues raised in the present civil application are kept open. Civil Application No.5229/2008 Heard Mr. Anand Parchure, learned counsel for the petitioner, Mr. N.W. Sambre, learned Government Pleader for the State and Mr. Sunil Manohar, learned counsel for respondent no.4/applicant. The present civil application is moved by respondent no.4/applicant seeking suitable directions. Mr. Manohar, learned counsel for respondent no.4/applicant seeks permission to withdraw the present civil application and prays that the issues raised in the present application may be kept open. In the circumstances, civil application is disposed of as withdrawn. Issues raised in the present civil application are kept open. Civil Application No.7818/2008 Heard Mr. B.G. Kulkarni, learned counsel for the applicant, Mr. Anand Parchure, learned counsel for the petitioner and Mr. N.W. Sambre, learned Government 3 Pleader for the State. It is brought to the notice of this Court by the respective parties that the grievance made in the present civil application could not be considered by the Government in view of the pendency of the present public interest litigation. Mr. Kulkarni, learned counsel for the applicant has submitted that the allotment of the land to the applicant under Urban Land Ceiling Act was not held to be bad either by Justice Batta Commission or by the State Government. However, the issue in this regard was not considered by the State Government since the writ petition is pending before this Court. Mr. Sambre, learned Government Pleader does not dispute this aspect of the matter. In the circumstances we dispose of the present civil application and it is open for the State Government to consider the issue in accordance with law and procedure applicable in this regard if there is no other legal impediment in doing so. W.P.No. 55/2004 Heard Mr. Anand Parchure, learned counsel for the petitioner and Mr. N.W. Sambre, learned Government Pleader for the State. In view of our order dated 9.1.2009 time was sought by the Government Pleader to obtain instructions from the Government within what time the State Government/Cabinet Sub-Committee shall take a decision on the basis of Justice Batta Commission report and the 4 State Government was also directed to file affidavit in this regard within four weeks. Pursuant to that the Additional Collector filed an affidavit dated 6.2.2009 in which in para 2 of the said affidavit it is stated that the Government has categorized the cases in accordance with the communication dated 21.1.2009. It is no doubt true that the State Government has acted upon the report submitted by Justice Batta Commission and also taken decision in this regard. The present affidavit shows that some allotments of land came to be cancelled and some are referred to the Technical committee for necessary verification. We direct the Joint Secretary, Urban Development Department to file an affidavit within four weeks as regards what further action the State Government proposes to take in view of the cancellation of allotment of lands and within what time the Technical Committee would complete the verification of the cases which are referred to the Committee in view of the communication dated 21.1.2009. Place the matter on 12.3.2009 along with the connected matters. Copy of this order, duly authenticated be given to Mr. Sambre, learned Government Pleader. JUDGE JUDGE halwai 5