1 WP 2002 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2002 of 2009 Shri Balu Baburao Khade and Anr. ..... Petitioners V/s. The State of Maharashtra and Ors. ..... Respondents Mr.Amit B. Borkar, for the petitioners. Smt.S.S.Bhende, AGP, for the respondent – State. Shri Tejpal S. Ingale, for respondent No.2. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 21ST JULY, 2010. P.C. 1. By way of this petition under Article 226 of the Constitution of India, the petitioners seek certain reliefs on the basis of the purchase notice issued under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The petitioners herein were the original owners of land bearing Survey No.615/2. In so far as Kolhapur City is concerned, the town planning scheme was propounded in the year 1957, pursuant to which an arbitrator was appointed in terms of the said town planning scheme. Survey Nos.615/1, 615/2, 615/3, 615/4 have merged in final plot No.94 of the Town Planning scheme (II) and the Arbitrator has adjudicated upon the rights of the respective land owners under Section 88 of the said Act. The petitioners are to be allotted 55 acres from Survey 2 WP 2002 of 2009 No.615/3. However, on account of litigation concerning the said Survey No.615/3, which has reached this Court by way of writ petition No.5123 of 2007, the said plot could not be allotted to the petitioners by the respondent No.2 Municipal Council. 2. Be that as it may, the issue in the present petition, is as regards the purchase notice issued by the petitioners under Section 127 of the Act. In the light of the town planning scheme being implemented and in the light of the fact that petitioners land bearing Survey No.615/2 has merged in the final plot No.94, in our view, the said notice issued under Section 127 of the Act, is thoroughly misconceived and therefore, no relief can be granted to the petitioners in the instant petition. In so far as the plot which is to be handed over to the petitioners by the respondent No.2 Municipal Council, since the same is the subject matter of a litigation before this Court as indicated above, the petitioners would have to await the outcome of the said proceedings. 2. For the reasons mentioned above, we do not find merit in the above petition, which is accordingly dismissed. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )