1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 155 OF 2010 Hanumant Savlaram Satale : Petitioner versus The State of Maharashtra & ors. : Respondents. Mr. P R Kadam with Mr. M M Vaidya for the Petitioner. Mr. V S Gokhale AGP for Respondent Nos.1 to 5. CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 20 th April 2010 P.C. : 1. Heard counsel for the parties. 2. According to the Petitioner, since the land belonging to the Petitioner is acquired by the authorities for the purpose of rehabilitating project affected persons under the provisions of Act of 1999 and since the same is lying unused, the Petitioner is entitled to get back the possession thereof considering the purport of Section 16(1)(a) and/or Section 16(5) and/or Section 16(6) of the said Act.It is submitted that the Petitioner has already made an application to the Collector in this behalf, but no decision has been taken thereon as of now. 2 3. In the circumstances, in stead of examining the claim of the Petitioner on merits for the first time before this Court, We think it appropriate to relegate the Petitioner before the Collector with directions to the Collector to decide the pending application of the Petitioner within eight weeks from today. 4. The Petitioner shall appear in the office of the Collector on 29th April 2010 at 11.00 a.m. and produce the copy of this order as well as the compilation of this writ petition before the Collector who in turn shall consider application/petition as final representation of the Petitioner and pass appropriate order in accordance with law. 5. All questions are left open. 6. Petition is disposed of on the above terms. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)