(1) WP2491/2004 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2491 OF 2004 Dinesh Ramgopalji Chitlange] R/o Plot No.4,Kushal Nagar,] PETITIONER. Jalna Road,Aurangabad. ] VERSUS The State of Maharashtra ] Through the Principal ] RESPONDENTS. Secretary, Urban Development Deptt.,Mantralay, Mumbai ] and others. ----- Mr.A.M.Karad,Advocate, for the petitioner. Mr.V.B.Ghatge,AGP, for respondents No.1. Mr.A.S.Bajaj, Advocate, for respondents No.2 & 3. ----- CORAM : Naresh H. Patil and N.D.Deshpande, JJ. DATE : 3rd July, 2009. ORAL ORDER [ PER – NRESH H. PATIL, J.] 1] Heard. 2] The learned counsel Shri.A.M.Karad, for petitioner, submitted that in the name of Chitalange Builders and Developers earlier five plots were allotted and thereafter six more plots were allotted in the name of Mr.Chitalange. Out of five plots, four plots were developed commercially and sold to respective owners. Third party interests were also created. As regards allotment of six plots, the (2) WP2491/2004 counsel submits that five plots were actually developed and third party interests were created. The counsel submits that the impugned notice relates for surrendering one plot out of the remaining two plots, one in the name of Mr.Chitalange builders and another in the name of Mr. & Mrs. Chitalange, in accordance with the orders passed by Division Bench of this Court in Public Interest Litigation bearing Writ Petition No.2338 of 1999 and other connected orders. 3] After hearing submissions advanced by learned counsel Shri.Karad, for petitioner, and Shri.Bajaj,for CIDCO, we pass following order: 4] The petitioner shall surrender one plot out of aforesaid two plots by submitting an application within two weeks from today with CIDCO, Aurangabad. The plot which the petitioner would surrender to CIDCIO shall be accepted by CIDCO as valid surrender. The CIDCO shall thereafter, within three month of surrender of the plot, take steps to allot the plot strictly in accordance with the procedure followed at present. 5] With these observations, the petition is disposed of. [ N.D.Deshpande,J.] [ Naresh H. Patil,J.] pcr/o/wp2491.04