1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1070/2011 GANESH DHONE AND OTHERS ..VS.. ADDL. COMMISIOENR AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SMT. VASANTI A. NAIK, J. D A T E : APRIL 06, 2011. Heard Shri Chopde, the learned counsel for the petitioners, Shri Bhise, the learned counsel for the respondent no.5,6, and 7 and also the learned AGP for the respondent no.1 to 4. On hearing the learned counsel for the parties and on perusal of the impugned orders passed by the authorities, it appears that the authorities did not commit any error in holding that the respondent was entitled to field gat no.276 admeasuring 2.02H.R. The authorities rightly held that the petitioner was entitled to 3 other fields gat no.45, 66 and 249, admeasuring 0.80 H.R., 1.51H.R. and 0.21 H.R., respectively in view of the partition. The only submission made on behalf of the petitioner before this court is that the land allotted to the share of the respondent no.5 to 7 from gat no.276 is more fertile as compared to the three lands which are allotted to the share of the petitioner. On the petitioner’s statement the learned counsel for the respondent 2 had stated on the last date of hearing that if the petitioner feels so, the respondent no.5 to 7 are willing to accept the other three lands and give the land gat no.276 admeasuring 2.02H.R.to the petitioner. Today on instructions from the petitioner, the learned counsel for the petitioner state that the petitioners are not ready and willing to give the other three lands to the respondents no.5 to7 in lieu of land gat no.276 admeasuring 2.02H.R. It is clear from this statement made on behalf of the petitioners that the submission that the land gat no.276 is more fertile as compared to the other three lands is without any basis and the petitioner merely desired to delay the handing over of the possession of the land gat no.276 in favour of the respondent no.5 to 7 for some reason or the other. In the facts of the case the writ petition fails and is dismissed with no order as to costs. JUDGE SMP