1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4292 OF 2003 Ram Kishan Jaiswal. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4293 OF 2003 JULFIROZE HASAN KHAN ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4294 OF 2003 AJET URADE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4295 OF 2003 MAULA KASIM FAKIR ...Petitioner vs. 2 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4296 OF 2003 HAJI MOHAMED ALI MOHAMAD @ HAMED ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4297 OF 2003 SOMA B.HIRWE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4298 OF 2003 BENI BAI ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4299 OF 2003 FARIDA MEHMOOD SHAIKH ...Petitioner 3 vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4300 OF 2003 SIRIN GULJAMAN KHAN ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4301 OF 2003 RANABAI SOLAKE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4302 OF 2003 SANTARAM BUNDE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4303 OF 2003 S.S.RAJGE ...Petitioner 4 vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4304 OF 2003 SHIVRAM SOLAPURE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4305 OF 2003 KHANA S.BUNDE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4306 OF 2003 TRIMBAK WAGH ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4307 OF 2003 MR. PADU N.RAO ...Petitioner 5 vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4308 OF 2003 RAJENDRA PRASAD ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4309 OF 2003 ANITA MISTRI ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4310 OF 2003 SHANKAR MALI ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4311 OF 2003 R.M.LABAL ...Petitioner vs. 6 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4312 OF 2003 BABU JANU KANAT ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4313 OF 2003 BHOLA YADAV ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4314 OF 2003 B.K.HIRWE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4315 OF 2003 R.G.DOLE ...Petitioner vs. 1.India Institute of Technology 7 and another. ...Respondents. AND WRIT PETITION NO.4316 OF 2003 SUMAN B.BARAB ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4317 OF 2003 J.N.BARAF ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4318 OF 2003 MARAWAT SUMNA ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4319 OF 2003 MOHAMED HAJI ...Petitioner 8 vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4320 OF 2003 LILA WAGELA ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4321 OF 2003 RAMUGRHA SINGH ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4322 OF 2003 BRIJPAL M.SINGH ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND 9 WRIT PETITION NO.4323 OF 2003 R.D.LAHANGE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4324 OF 2003 INDU R.LODE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4325 OF 2003 VIKASH B.HIRWE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4326 OF 2003 CHAND KARIM SHAIKH ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. 10 AND WRIT PETITION NO.4327 OF 2003 ANIL GIRANE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4328 OF 2003 K.N.SHAIKH. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4329 OF 2003 SHAIKH MADAR ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4330 OF 2003 ABDUL ZABBAR ANSARI. ...Petitioner vs. 1.India Institute of Technology 11 and another. ...Respondents. AND WRIT PETITION NO.4331 OF 2003 UMAR KHAN SAHABUDDIN. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4332 OF 2003 PRABHAKAR AMBOKAR ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4333 OF 2003 NASRIN BANO ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4334 OF 2003 RAMBHAU SADASIV BALI. ...Petitioner vs. 12 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4335 OF 2003 PRAKASH HIRWE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4336 OF 2003 SANJAY S.BUNDE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4337 OF 2003 JULEKHA ISMAIL. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4338 OF 2003 LATA B.RAJUGE. ...Petitioner 13 vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4339 OF 2003 SAFIYA BANO. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4340 OF 2003 RATAN DODE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4341 OF 2003 S.L.BHURE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4342 OF 2003 ROSHAN B. LATIF SHAIKH. ...Petitioner 14 vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4343 OF 2003 AKBAR SHAIKH. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4344 OF 2003 LADKABAI HASI BARAB. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4345 OF 2003 VINOD KAKWE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4346 OF 2003 LAXMAN GIRANE. ...Petitioner vs. 15 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4347 OF 2003 RAMAN SOLANKI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4348 OF 2003 NAROTTAM N.SOLANKI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4349 OF 2003 DILIP SURYAVANSI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4350 OF 2003 GULAM MOHAMAD. ...Petitioner vs. 16 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4351 OF 2003 RAM AWADH. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4352 OF 2003 RAMA B. URADE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4353 OF 2003 PRAVIN NANU SOLANKI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4354 OF 2003 JAGAN URADE. ...Petitioner vs. 1.India Institute of Technology 17 and another. ...Respondents. AND WRIT PETITION NO.4355 OF 2003 SUNIL GIRANE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4356 OF 2003 INDURAO H.SURYAWANSI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4357 OF 2003 MR.MANOHAR S. BUNDE ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4358 OF 2003 RAJU ARJUN RAJPOT ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. 18 AND WRIT PETITION NO.4359 OF 2003 Ramesh Singh ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4360 OF 2003 Kondiram C.Dadose ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4361 OF 2003 Asha Sunder Shetty. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4362 OF 2003 Ganpat N. Barap. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND 19 WRIT PETITION NO.4363 OF 2003 RAMSINGH MOLHU SINGH ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4364 OF 2003 MRS.MALIKA BEGUM. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4365 OF 2003 B.R.URADE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4366 OF 2003 SUKHANANDAN JAISWAL. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4995 OF 2003 20 SIRAJ QURESHI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4996 OF 2003 MANUH CHAWGULE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4997 OF 2003 FARIDA H.BANGALI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.4998 OF 2003 RAJENDRA KILNAKE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND 21 WRIT PETITION NO.4999 OF 2003 RAJU ANJODE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5000 OF 2003 SHAKUNTLA H. BHAVE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5001 OF 2003 VISHNU JAISWAL. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5002 OF 2003 BALAYA BARAF. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND 22 WRIT PETITION NO.5003 OF 2003 BABU BARAF. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5004 OF 2003 KESHAR BAI PRADHAN. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5005 OF 2003 BALCHANDRA PARAB. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5006 OF 2003 DEVDHARI YADAV ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND 23 WRIT PETITION NO.5007 OF 2003 SURESH TAWADE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5008 OF 2003 TRIBHUVAN PRAJAPATI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5009 OF 2003 VASHU GUJARAN. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5010 OF 2003 BHIKA M.KHARAT ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND 24 WRIT PETITION NO.5011 OF 2003 BALU MALWADE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5012 OF 2003 SAYYAD MAYAZ. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5013 OF 2003 RAJENDRA B. CHAUHAN. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5014 OF 2003 SANKAR D. AHIR. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND 25 WRIT PETITION NO.5015 OF 2003 SAYYAD UMAR JAVED ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5016 OF 2003 RAMESH SUTAR. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5017 OF 2003 BENIRAM PRAJAPATI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5018 OF 2003 RAMKISHAN KHARAT. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND 26 WRIT PETITION NO.5019 OF 2003 SHANKAR D.MAJAREKAR. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5020 OF 2003 RAMESH SHETTY. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5021 OF 2003 RAM DAWAR YADAV. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5022 OF 2003 RAMDAS YADAV. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5023 OF 2003 27 VIJAY BHURWE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5024 OF 2003 MOHAMAD J. KADARI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5025 OF 2003 RAJNARAYAN G. YADAV. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5026 OF 2003 UTTAM KAMBLE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5027 OF 2003 M.R.PATHAK. ...Petitioner 28 vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5028 OF 2003 CHATUBHAI PATEL. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5029 OF 2003 DAYABHAI PATEL. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5030 OF 2003 DATTARAM B. BAIKAR. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5031 OF 2003 NAGESH D. KOLEKAR ...Petitioner vs. 1.India Institute of Technology 29 and another. ...Respondents. AND WRIT PETITION NO.5032 OF 2003 ASLAM ALI KHAN. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5033 OF 2003 BANSRAJI B. YADAV. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5034 OF 2003 ANIL BHAGWAN DALVI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5035 OF 2003 SUBHASH A. YADAV. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND 30 WRIT PETITION NO.5036 OF 2003 SUREKHA PARAB. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5037 OF 2003 DINESH HARIJAN. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5038 OF 2003 RAMCHANDRA TALEKAR. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5039 OF 2003 LAXMI SHELAR. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5040 OF 2003 31 SHIVRAM SUTAR. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5041 OF 2003 SUMAN M.BARAF. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5042 OF 2003 YOGESH DANGARE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5043 OF 2003 SAHARNATH S.MALI. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5044 OF 2003 SHANTARAM BEKAR. ...Petitioner 32 vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5045 OF 2003 RIJWAN A. SHAIKH. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5046 OF 2003 BHANU D. HANTAGADE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5047 OF 2003 UTTAM VEDE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5048 OF 2003 RAMAWADH JAISWAL. ...Petitioner vs. 1.India Institute of Technology 33 and another. ...Respondents. AND WRIT PETITION NO.5049 OF 2003 VIRSEN DONGARE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5050 OF 2003 RAJU LAXMAN BHURE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5051 OF 2003 BHASKAR SUTAR. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5052 OF 2003 NURJAHA A. BADOCH. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. 34 AND WRIT PETITION NO.5053 OF 2003 ANKUSH R. TATKARE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5054 OF 2003 CHAYAPPA R. MANE. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. AND WRIT PETITION NO.5055 OF 2003 RANSINGH B. GURKHA. ...Petitioner vs. 1.India Institute of Technology and another. ...Respondents. --- Mr.A.K.Abhyankar with S.R.Mithore & Edvin Gardner, for the Petitioner. 35 Mr.V.Y.Murudkar, for Respondent nos.1 and 2. CORAM: D.K.DESHMUKH & J.H.BHATIA,J. DATED: 8th April, 2008. P.C.:- 1. The learned Counsel appearing for both the sides are agreed that for disposing of these petitions in the following terms it is not necessary for us to record any reason. i) The order dated 29.8.2001 passed by the Estate Officer and the order passed by the Appellate Court confirming that order both of which are impugned in these petitions are set aside. It is clarified that both the orders in so far as they operate against the petitioners are only set aside. If there are any other persons against whom also the orders operate, the orders will stand and can be executed by the respondent no.1. 36 ii) The matters are remitted back to the respondent no.2 Estate Officer for hearing and decision in accordance with law. iii) It is understood between the parties that the notice as required by the provisions of Public Premises Act has been served by the Estate officer on all the petitioners. iv) It is clearly understood between the parties that the show cause notice issued by the Estate Officer has been individually served on all the petitioners. It is also understood that they have been asked to show cause why they should not be evicted as the land is required for its own use by the Indian Institute of Technology for whose benefit the land was acquired. v) A copy of the report of the Commissioner submitted to this Court by the Commissioner who was appointed pursuant to the order made in the writ petitions shall be taken on record by the Estate officer. Both the parties shall be entitled to submit their objections, if any, to the Commissioner's report and that report shall be dealt 37 with by the Estate officer in accordance with law. If necessary the Estate Officer may request the office of this Court to send him the original report, on such request being received the office shall send the original report to the Estate officer. vi) The I.I.T. Shall, within a period of four weeks from today, produce before the Estate Officer with copies to Mr.S.R.Mithare, the learned Advocate appearing for petitioners, copies of the notification issued under Section 4 of the Land Acquisition Act for acquisition of the land, the notification issued under Section 6 of the Land Acquisition Act, the Award made by the land acquisition officer and any other documents on which I.I.T. wishes to rely in support of its contention that the land in question was actually compulsorily acquired for the benefit of I.I.T. under the provisions of the Land Acquisition Act. vii) Within a period of two weeks thereafter, the petitioners shall submit documents, affidavits etc. on which they wish to rely, with advance copy to be served on the learned Counsel appearing for I.I.T., before the Estate officer. 38 viii) The Estate officer thereafter shall fix the matter before him and grant both the parties an opportunity to lead oral evidence in case they desire to do so. The Estate officer shall give period of Eight weeks to both the parties to lead oral evidence. After concluding the oral evidence, the Estate officer shall hear the parties and then shall make order pursuant to the show cause notice issued by him, in accordance with law. ix) The Estate officer on the basis of evidence produced before him, record a positive finding in relation to the contention raised by the petitioners that the land in question has not been actually acquired for the benefit of I.I.T. The Estate officer shall complete the inquiry and shall make order as expeditiously as possible within a period of eight weeks from the date of recording of evidence is closed. Rule is made absolute accordingly, with no order as to costs. (D.K.DESHMUKH, J.) 39 (J.H.BHATIA, J.) ---