hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELALTE JURISDICTION WRIT PETITION NO. 10016 OF 2009 Shri. Shivaji Shamrao Patil and Ors. ... Petitioners Versus The Special Land Acqn. Officer & Ors. ... Respondents Mr. S.V. Sadavarte for Petitioners. Mr. V.P. Malwankar, A Panel counsel for Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : DECEMBER 07, 2009 P.C. Rule. Heard forthwith. Pursuant to the order of this court on 13.1.2004 it appears that an inquiry was conducted and an order passed on .1.2008 whereby the submission of the Petitioner that there was partition effected in the year 1977 has been rejected though in Para 4.2 it has been set out that Collector on 9.11.2001 has granted permission to effect the said division and at that time the slab has also been accepted. In the instant case, the land was sought to be acquired by issuing section 4 notification in the year 1983. The case of the Petitioner is that partition was effected in the year 1977. They had so averred in the petition filed before this court being Writ Petition No. 690 of 1987 and there was specific averment to that effect in Para 19. The case of the petitioner is that the learned Commissioner while rejecting the case of the Petitioner has ignored this material evidence, though the Commissioner has accepted that Collector Kolhapur has allowed partition by order of 9.11.2001. In our opinion, if what petitioner contends is correct namely that they had applied by application dated 26.12.2007 and such application is on the record of the Collector, then the approval granted on 9.11.2001 would relate back to 1977. In the light of that following order: Impugned order dated 6.12.2008 is set aside . Matter restored back to the learned Commissioner, Pune Division Pune to reconsider the matter and call for the records from the Collector in DSK/RHB/3997/01 and to examine whether the application was made by the Petitioner on 26.12.2007. If the Petitioner has got copy of the said application, with acknowledgment, that also may be served on the learned Commissioner. The Commissioner to decide afresh within three months from today according to law and in terms of the directions set out earlier. Rule to that extent made absolute. (J.H. BHATIA, J.) (F,I. REBELLO,J.)