1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 96 OF 2009 Sharad s/o. Narayanrao Gadewar, age 64 years, occ. agriculture, R/o. Hippalgaon & Hadolti, taluka Ahmedpur, Dist. Latur. - - - Petitioner versus 1. Jubadbee w/o. Gafurkhan Pathan, age 54 years, occ. household, and agriculture, R/o. Hadolti, taluka Ahmedpur, dist. Latur. 2. Sudhakar s/o. Dattatraya Gadewar, age 69 years, occ. agriculture and business, R/o. as above. 3. The State of Maharashtra. 4. The Deputy Director of Land Records, Aurangabad. 5. The Taluka Inspector of Land Records, Ahmedpur, Taluka Ahmedpur, District Latur. - - - - Respondents Shri S. S. Choudhari, Advocate for petitioner. Smt. A. N. Ansari, Advocate for respondent No.1. Shri S. K. Tambe, Asstt. Govt. Pleader for respondents Nos.3, 4 and 5. CORAM : B. R. GAVAI, J. Dated : 4th September 2009 2 PER COURT : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. Petitioner challenges the Order dated 19-9-2008 passed by the respondent No.3. Though the learned Counsel for the parties have addressed on merits of the matter also, I find that the petition deserves to be allowed. From the impugned order, it can be seen that the appeal has been allowed only on the ground that no objection has been given by present petitioner. However, it is specifically averred in the memo of petition that no such no objection was given by the petitioner. This statement of fact is neither denied by the respondent No.3 nor by the respondents Nos. 1 and 2. 3. In that view of the matter, impugned order dated 19-9-2008 is quashed and set aside. Matter is remitted back to respondent No.3 for deciding it afresh in accordance with law after hearing Counsel for the parties. Rule made absolute. ( B. R. GAVAI, J. ) pnk/wp9609 3