1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3524 OF 2010 Kurundwad Shahar Patrkar Sangh : Petitioner versus State of Maharashtra and ors. : Respondents. Mr. Ashok B Tajne for the Petitioner. Smt. J S Pawar Addl. GP for the Respondents. CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 3rd May 2010 P.C. : 1 Rule. Heard forthwith. 2 The Petitioner has been allotted land of 1 acre out of Gat No.926 for housing society in terms of order dated 15 th January 2008 by the Collector, Kolhapur. However, till date, the possession of the said land has not been handed over to the Petitioner. 3 The learned Addl.GP, submits that there must be some encroachment on the land allotted to the Petitioner which may be the cause of delay in handing over the same. 2 4 In the event the Collector, Kolhapur, is unable to get the concerned land vacated by following due process of law or unable to remove the encroachment or unauthorised construction if any, it will be open to the Collector to consider to allot some other land to the Petitioner in lieu of the allotment already made. Counsel for the Petitioner submits that the Petitioner is open to accept such commensurate allotment at some other site. 5 In the circumstances, we dispose of this Petition with directions to the Collector, Kolhapur to ensure that handing over of the land already allotted be completed and the Petitioner be put in possession of the said land within four months from production of the copy of this order in the office of the Collector, Kolhapur on or before 17 th May 2010. If there is any legal impediment like stay or injunction of any court or handing over of the vacant land cannot be completed within such time because of unauthorised occupation or encroachment thereon, it will be open to the Collector to consider to allot some other land to the Petitioner and Petitioner be put in possession thereof within the same time. 6 We place on record the stand taken by the Petitioner that 3 the land already allotted to the Petitioner in terms of the communication dated 15 th January 2008 is vacant and unoccupied land. That aspect may be examined by the Collector, Kolhapur. 7 Petition is disposed of on the above terms. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)