1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5711 OF 2008 Shri. Swami Samarth Seva Sdhyatmik Adhyatmik va Bal Vikas Kendra ....Petitioner. Versus The Collector, Jalana & others ....Respondents. with WRIT PETITION NO. 5712 OF 2009 Shri. Swami Samarth Seva Sdhyatmik Adhyatmik va Bal Vikas Kendra ....Petitioner. Versus The Collector, Jalana & others ....Respondents. Shri. V.D. Salunke, Advocate for the petitioner. Shri. R.N. Dhorde Advocate h/f. Shri. S.B. Ghute, Advocate for the respondent No. 4. Shri.K.S. Patil, A.G.P. for respondent Nos. 1 and 3. Shri. H.K. Munde, Advocate for respondent No. 2. CORAM : B.R. GAVAI, J. DATE : 18th JUNE, 2009 PER COURT : 1. The learned counsel for the petitioner does not press the petition inasmuch as leave in favour of petitioner has not been renewed. 2 2. The learned counsel for the petitioner only prays for grant of protection for certain period so that the petitioner can find out the alternate place for carrying out its activities. 3. I am inclined to grant limited prayer made by the petitioners however on undertaking that the petitioner shall hand over the peaceful and vacant possession of the land in question to Municipal Council till 30th September 2009. 4. It is, therefore, directed that the petitioner shall not be evicted for till 30th of September 2009 on the petitioner furnishing giving an undertaking to this Court that they shall hand over the peaceful and vacant possession of the land in question to the Municipal Council. 5. Needless to say that Municipal Council on getting the possession, the same would be handed over to resident of the locality in view of the judgment of the Division Bench of this Court in the case of Vrajlal Jinabhai Patel Vs. State of Maharashtra, reported in 2003 (3) Mh.L.J. 215. [ B.R. GAVAI, J. ] ssc/wp5711.08