1 WP10125/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10125 OF 2010 Dhgondu Hari Minde since deceased by his heirs Laxman D. Minde and anr. ...Petitioners v/s The State of Maharashtra and ors. ...Respondents Mr Uday P. Warunjikar for Petitioners. Mr V.S. Gokhale, AGP for Respondents. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 24TH NOVEMBER 2011. 2 WP10125/10 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] In the affidavit of Prashant Shelke filed on behalf of the respondent Nos.1 to 3, it is stated that the respondent Nos.1 to 3 are willing to allot to the petitioners land admeasuring 1 Hector 10 Ares from gat No.498 of Village Sablewadi, Taluka Khed, District Pune and land admeasuring 10 ares from gat No.527 of Village Bahul, Taluka Khed, District Pune. The learned Additional Government Pleader states that in case the petitioners remain present in the office of the Deputy Collector, Rehabilitation, Pune on 1st December 2011, alongwith a copy of this order, the Deputy Collector shall make an order of allotment of the aforesaid lands in favour of the petitioners and will also immediately deliver possession thereof to the petitioners. The statement is accepted. The petitioners may accept possession of the aforesaid land without prejudice 3 WP10125/10 to their contention that they are entitled to allotment of 1 Hector 60 Ares of land. The petitioners may make a representation after taking possession of the aforesaid lands within a period of one week thereafter for being granted 40 Ares of additional land which according to them they are entitled to. In case such a representation is made, the Deputy Collector, Rehabilitation, Pune shall deal with the same in accordance with law and dispose off the same by reasoned order. In case the Deputy Collector rejects the representation after granting an opportunity of being heard to the petitioners, the petitioners shall be at liberty to adopt such remedy as may be available to them in law. It is directed that in case the petitioners are held entitled to additional 40 ares of land, that land be allotted in the same villages from where the petitioners are being allotted the lands as stated above. All contentions available to both the sides in such an event shall be open. Parties to act on the copy of this order 4 WP10125/10 duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )