WP 3838/06 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3838/2006 1] Sayyed Afsar Sayyad Jahagirdar, age 30 yrs., occu.business r/o Inamdar Galli, Naldurg Tq.Tuljapur Dist.Osmanabad. 2] Mohan s/o Chandrashekhar Dharne, age 35 yrs., occu.business, r/o Indira Nagar, Naldurg Tq.Tuljapur Dist.Osmanabad. 3] Ram Sadashiv Somavase, age 37 yrs., occu.business, r/o Rahim Nagar, Naldurg Tq.Tuljapur Dist.Osmanabad. 4] Dilip Pandhari Gawali, age 42 yrs., occu.business, r/o Indira Nagar, Naldurg. Tq.Tuljapur Dist.Osmanabad. ...Petitioners.. Versus 1] The State of Maharashtra, through its Principal Secretary, Urban Development / Revenue Department, Maharashtra State, Mantralaya, Mumbai-32. 2] The Collector, Osmanabad. Tq. & Dist.Osmanabad. 3] The Sub-Divisional Officer, Tuljapur Dist.Osmanabad. WP 3838/06 - 2 - 4] The Tahsildar, Tuljapur. Tq.Tuljapur Dist.Osmanabad. 5] The Municipal Council, Naldurg Tq.Tuljapur Dist.Osmanabad. Through its Chief Officer. 6] The District Registrar, Revenue, Osmanabad. Tq. & Dist.Osmanabad. 7] The Deputy Registrar, Revenue, Tuljapur Tq.Tuljapur Dist.Osmanabad. 8] The Executive Engineer, Public Works Department, Osmanabad. Tq. & Dist.Osmanabad. 9] The Zilla Parishad, Osmanabad. Tq. & Dist.Osmanabad. Through its Chief Executive Officer. 10] Toufiq Hamid Ali Khan, age 47 yrs., occu.business, r/o Asif Nagar, Code No.500028, Hyderabad. 11] Devidas Babarao Mote, age 82 yrs., occu.agri., r/o Lokmanya Housing Society, Naldurg Tq.Tuljapur Dist.Osmanabad. ...Respondents... ..... Shri R.N. Dhorde, Advocate h/f Shri H.D. Deshmukh, Advocate for petitioners. Shri D.R. Kale, AGP for respondent nos.1 to 8. Shri K.J. Ghute, Patil, Advocate for respondent no.9 Writ petition is dismissed as against respondent no.10 as per order dated 3.4.2009. Shri K.S. Bhore, Advocate for respondent no.11. WP 3838/06 - 3 - ..... CORAM: D.B. BHOSALE & R.M. BORDE, JJ. DATE: 11.01.2011 ORAL JUDGMENT (Per D.B. Bhosale, J.) : 1] Heard learned counsel for the parties. 2] Shri R.N. Dhorde, learned counsel for the petitioners does not press the prayers made in the writ petition and submits that the petitioners would be satisfied if directions are issued to the Collector, Osmanabad, to consider their representations dated 11.6.2003, 9.7.2003, 21.7.2003 and 15.11.2003 (Exhibit N collectively to the petition) with further directions to take appropriate action if the grievance made in the representations is found to be genuine. The learned counsel for respondent no.11 has no objection for issuing such directions. However, he submits that the Collector, while considering the aforesaid representations and taking any decision in respect thereof, may grant an opportunity of being heard to them. In view of the submissions, we are satisfied that this petition can be conveniently disposed of by the following order: [i] The petitioners are allowed to approach the Collector, Osmnabad, with one consolidated representation incorporating the WP 3838/06 - 4 - contents of the representations dated 11.6.2003, 9.7.2003, 21.7.2003 and 15.11.2003 (Exhibit N collectively to the petition), afresh within a period of four weeks from today. [ii] The Collector, Osmanabad, shall consider and decide the said representation made by the petitioners in accordance with law as expeditiously as possible and preferably within a period of 16 weeks from the date of receipt of the representation and if he finds that the grievance made by the petitioners is genuine, he may take further action in accordance with law. [iii] It is needless to mention that the Collector, before taking final decision, shall grant an opportunity of being heard to the petitioners and the other concerned parties including respondent no.11. He may also consider to grant hearing to the persons, who are in possession of the property involved in this writ petition, being Survey No.380 (new Survey No.296) situate at Naldurg Tq.Tuljapur Dist.Osmanabad. [iv] While passing this order, we shall not be understood to have examined merits of the case and the Collector shall deal with the representation without being influenced by this order. WP 3838/06 - 5 - [v] Writ petition is disposed of with no order as to costs. [vi] Civil Application No.9100/2007 for impleading the applicant as party respondent does not survive in view of above order and the same is disposed of as such. (R.M. BORDE, J.) (D.B. BHOSALE, J.) ndk/11111