1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2764 OF 2010 Sudam Namdeo Nagaonkar & ors. : Petitioners versus The State of Maharashtra & ors. : Respondents. Mr.Sameer S Tambekar for the Petitioners. Mr. V S Gokhale AGP for Respondent Nos.1 to 5. CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 12th April 2010 P.C. 1. In deference to the observations made by the Court, counsel for the Petitioners seeks liberty to delete prayer clause (c). Leave to amend as per oral request made by the counsel for the Petitioners granted. Amendment be carried out during the course of the day. 2. Heard counsel for the parties. 3. The grievance in this Petition is that in spite of the directions given by this Court, the Respondents have not 2 considered the case of the Petitioners appropriately. According to the Petitioners, City Survey No.2922, admeasuring 705.9 sq.meters is available for allotment to the Petitioners and can be allotted to the Petitioners in terms of the Government Resolution dated 4 th April 2002. This proposal, however, has been rejected by the Collector as noted in his order dated 16 th December 2009. The Collector has opined that the said land is reserved for Government Hospital and, therefore, cannot be allotted to the Petitioners. By the same communication, the Collector has called upon the Petitioners to identify some other land which can be allotted in terms of the G.R dated 4 th April 2002. It is common ground that the Petitioners have not given any counter proposal since then and in stead have rushed to this Court. 4. The argument of the Petitioners before this Court is that the Tahasildar in his report dated 20 th October 2009 indicates that the said land bearing City Survey No.2922 is lying unused for last 15 years. That does not take the matter any further. The fact that the land is lying unused does not mean that the same has not been reserved for Government Hospital as such 5. We see no reason to doubt the correctness of the opinion recorded by the Collector that the said land is reserved for Government Hospital. Be that as it may, as per the option given by the Collector, the Petitioners are free to identify some other suitable land and, if such suggesion is submitted, the Collector 3 would consider the same on its own merits in accordance with law expeditiously. Petition is disposed of on the above terms. (R M SAVANT, J.) (A M KHANWILKAR, J)