1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 7834 0F 2009 *** Roopchand S/o Chandmal Parakh (Jain) Versus The State of Maharashtra and another *** Mr. S. S. Ladda, Advocate for the Petitioner. Mr. S. V. Gangapurwala, Advocate for Respondent No.2. Smt. Sunita D. Shelke, A.G.P. for the Respondent/ State. *** 1. Heard learned counsel Mr. Ladda for the Petitioner, learned A.G.P. for the Respondent/ State and learned counsel Mr. S. V. Gangapurwala for Respondent No.2. 2. Rule, made returnable forthwith, heard finally by consent of the parties. 3 Order passed by the learned Additional Commissioner, Aurangabad Division, Aurangabad dated 20th March, 2009 is subject matter of this writ petition. Counsel for the Petitioner points out various documents, part of this writ petition. He points out order passed by the learned Deputy Collector, Land Reforms, Aurangabad which starts from para No.26 Annexure-D. This was the order passed under section 45-A (2) of the Maharashtra Agricultural Lands (Ceiling of Holdings) Act, 1961 on 10th February, 2006. He also points out copy of the agreement to sell Annexure-F 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. (page 42). 4. It is not in dispute that one Shriram Mandir Trust is a public trust registered under the provisions of B.P.T. Act. Said trust was possessing agricultural lands. Inquiry under the provisions of the said Ceiling Act had been conducted, surplus land to the extent of 136 Acres 39 Gunthas was determined. Said land was to be distributed in accordance with the provisions of the said Act. By the order passed by the authority concerned, 32 allottees were blessed with the allotment. Present petitioner is one of them, to the extent of 3 Acres from land Survey No.129, situated at village Kumbephal. Said allotment was challenged by filing revision application by the respondent No.2. It was under section 45-A (2) of the said Act. In this revision application, two important contentions were raised. First, the Respondent No.2 belongs to backward class community and landless person and the second contention raised was that he is ex- serviceman. Learned Additional Commissioner heard the parties. Learned Additional Commissioner called for the original record, has gone through the entire file. Application submitted by the present 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Respondent No.2 was found at page No.545. Learned Additional Commissioner did observe, in the order, that the said application was just tagged with the file, not considered by the authorities who were entrusted the exercise of allotment of the land. The Tahsildar was called upon to file parawise report. Tahsildar filed his parawise report, his report has been considered by the learned Additional Commissioner. Learned Additional Commissioner referring the report and entire file arrived at a conclusion that there are irregularities committed by the authority who has made the allotment order. At one point of time, the learned Additional Commissioner observed that "It is surprise to note that the application of the petitioner while distributing the land Gut No.129 of village Kumbephal, was not considered by the Surplus Land Distribution Tribunal, though his application was on record and the said application was on record which is simply tagged with the file without any due consideration. The learned Revisional Authority has also observed "From the above discussion, it is clear that the grave irregularities have been committed while distributing the land by the Surplus Land 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Distribution Tribunal, Aurangabad, and the Deputy Collector, Land Reforms, Aurangabad has also not considered the case properly while confirming the order of S.L.D.T.". It has been further observed by the learned Additional Commissioner that "It seems that entire allotment order is illegal and improper". With this, the operative part of the order passed by the learned Additional Commissioner comes, wherein allotment of 3 Acres land in favour of the present petitioner, from land Gat No.129 is set aside. The matter is remanded back, to be considered by the S.L.D.T., Aurangabad/ Tahsildar, Aurangabad, with a direction to consider the application of the Petitioner for allotment of land Gat No.129 of village Kumbephal. 5. After giving due consideration to the submissions made on behalf of the parties, in my view, no case for interference in extraordinary jurisdiction is established. 6. Writ petition stands dismissed. Rule stands discharged. No order as to costs. 7. It is made clear that the authority concerned shall hear the parties and pass appropriate order in accordance with the provisions of law and considering the 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. direction given by the learned Additional Commissioner, to consider the application of the Respondent No.2 which is kept in the file at page No.545. [S.B.DESHMUKH, J.] Dated:02/03/2010. ans/7834