:1: :1: :1: srp. HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 434 OF 2009. WRIT PETITION NO. 434 OF 2009. WRIT PETITION NO. 434 OF 2009. Tidake Nathu Sitaram. ..Petitioner. Versus. The State of Maharashtra & Anr. ..Respondents. --- Mr. J. G. Reddy for the petitioner. Mr. A. H. Palekar, A.G.P. for the State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE: January 14, 2009. DATE: January 14, 2009. DATE: January 14, 2009. P.C. P.C. P.C. 1. Heard. The petitioner has made a representation on 13th November 2007 to the Collector, Nashik. The grievance of the petitioner will stand redressed by giving directions to the respondents to consider the said representation / application of the petitioner in the light of the G.R. dated 12th July 2007. 2. The petitioner is ex-serviceman. He states that he is not having any agricultural land, however, he desires to take up the profession of agriculturist and therefore as per the scheme of the Government he is trying to get the land as ex-serviceman. It appears that as per the earlier G.Rs. the petitioner was not entitled to get the land as an ex-serviceman. The petitioner claims that now he is entitled to the said land in view of the G.R. dated 12th July 2008 and accordingly he has made an application. However, it is the grievance of the petitioner that though :2: :2: :2: the application was preferred in 2007, till this date it is not looked after by the officers of the respondent. 3. Learned AGP appearing on behalf of the State of Maharashtra states that the application of the petitioner will be considered in accordance with law. 4. Under these circumstances, we issue directions to the respondents, and more specifically to the Collector Nashik to consider the application of the petitioner dated 13th November 2007 (Exhibit-"J" to the petition) and decide the same in the light of G.R. dated 12th July 2007, if at all it is applicable to the petitioner. If it is found that the G.R. dated 12/07/2007 is not applicable to the petitioner, then the Collector shall take into consideration any other G.R. which is applicable to the petitioner. 5. We make it clear that we have not made any observations on the merit of the case of the petitioner. It is for the Collector to find out after making appropriate enquiry from the petitioner, and to decide as to whether the petitioner is entitled to the land as an ex-serviceman. Only if the Collector finds that the petitioner is eligible to get the agricultural land as an ex-serviceman, the land should be allotted to him. With these directions and observations writ petition is disposed of. :3: :3: :3: (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)