1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8956 OF 2009 Hasha Kachrya Tandel .. Petitioner v/s State of Maharashtra and others .. Respondents. ... Mr.S.S.Punde for the Petitioners. Mr.C.R.Sonawane A.G.P., for State. Mr.A.M.Kulkarni for Respondent No.3. ... CORAM: D.K. DESHMUKH & A.R.JOSHI,JJ DATED: 11th March,2010 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2 2. By this petition the Petitioner challenges the letter dated 13th May, 2002. By that letter the land from survey No.32 which belongs to the Petitioner has been allotted to somebody else by the CIDCO. The case of the Petitioner is that he is the owner of the land and there is no notification issued acquiring his land by the Government or CIDCO. According to the Petitioner, therefore, the allotment of his land by allotment letter at Exh.F is invalid. The Government has filed an affidavit, which shows that the Petitioner s stand that his land has not yet been acquired is right. The learned Counsel appearing for the CIDCO also stated that the CIDCO has also not acquired the land so far. In view of this admitted position, it is clear that the CIDCO had no authority in law to make allotment of the land of the Petitioner. 3 3. In this view of the matter, therefore, petition succeeds and is allowed. The allotment letter, copy of which is at Exh.F, is set aside. Rule made absolute accordingly. No order as to costs. ( D.K. DESHMUKH,J.) ( A.R.JOSHI,J)