(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7656 OF 2009 1. Sk. Feroz Lala s/o. Chunnumiyha Tamboli, 2. Abdul Rashid s/o. Abdul Aziz, 3. Mohd. Haji Gafoor Qureshi, 4. Smt. Qureshi Khatoon w/o. Abdul Gani. .. Petitioners. versus 1. The State of Maharashtra, Through Secretary, Urban Development Department. 2. The Collector, Jalna. 3. Amanullakhan s/o. Jafarkhan. .. Respondents. .......................... Mr. N.S. Deshpande, Advocate, for the petitioners. Mr. S.N. Kendre, Assistant Government Pleader, for respondent nos.1 and 2. Mr. A.S. Bajaj, Advocate, for respondent no.3. .......................... (2) CORAM : B.R. GAVAI, J. DATE : 23RD NOVEMBER 2009. COURT'S ORDER : 1. The present petition challenges the order dated 10th November 2009, vide which the learned Collector, Jalna, has observed thus : " Both the parties heard on interim application, application rejected. At this stage, cannot be entertained since case is already admitted and kept for evidence, the detail reasonings of it will be given in final judgment. " 2. It is thus clear, that though the wording used by the Collector is that "the application rejected", however, it is apparent that he has only rejected it on the ground that the evidence is already commenced and that the reasons for rejection would be given in the final judgment. 3. In view of the statement made by the learned Assistant Government Pleader appearing for the respondent State, it is now clear that the preliminary objection would be considered first by the learned Collector before he proceeds to consider the main matter on merits. 4. Needless to state, that the Collector shall decide the (3) preliminary objection filed by the petitioners, in the present case, first, before he proceeds to decide the main matter on merits. 5. With these observations, the petition is disposed of. ( B.R. GAVAI ) JUDGE ......................... bgp/wp7656