1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.803 OF 2009 Smt Tulsabai U. Yeole ...Petitioner v/s The Collector of Pune and others ...Respondents Mr S.A. Sawant with Mr Ketan Joshi for Petitioner. Mr V.S. Gokhale, AGP for Respondent Nos.1 to 4. Mr R.S. Mhamane with Mr A.K. Bhoumik for Respondent No.5. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 17TH NOVEMBER 2009. 2 P.C. :- 1] Rule, returnable forthwith. Head finally by consent of the parties. 2] Leave to amend the petition is granted. The petitioner is challenging the order dated 19th December 2007 passed by the Collector, Pune. The facts that are relevant for deciding this petition are that the petitioner as a project affected person, by order dated 5th May 2001 was allotted land from two survey numbers viz. Survey No.1181/2, area 0.59 ares and survey No.1260/2, area 0.61 ares, situated at Sanaswadi, Taluka Shirur, District Pune. By order dated 16th June 2002, however, allotment of land from survey No.1260/2, area 0.61 ares was cancelled. The petitioner, it appears, thereafter applied for grant of other land in lieu of survey No.1260/2. That application was rejected by the Collector, Pune by his order dated 19th December 2007. 3 3] The respondent No.5 claims to be owner of survey No.1260/2. According to him, this land could never have been allotted by the Collector, Pune to the petitioner or to anybody. According to him, because of allotment of that land by the Collector, Pune to the petitioner and subsequent transactions entered into by the petitioner, he lost possession of the land and therefore, he is entitled to possession of the land. It is also his case that due to the conduct of the petitioner, the petitioner is also not entitled to allotment of any further land. 4] We have heard learned counsel for both the sides. So far as the validity of the order dated 19th December 2007 is concerned, in the affidavit filed on behalf of the Collector, Pune dated 30th June 2007, the Collector himself has stated that the request made by the petitioner for allotment of land in lieu of survey No.1260/2 should not have been rejected by him for the reason for which it was rejected. This therefore shows that even the 4 Collector has doubts about the validity of his order dated 19th December 2007. But the question still remains to be considered whether the petitioner is entitled to allotment of any land in lieu of land bearing survey No.1260/2. The question about the alleged prejudice suffered to the respondent No.5 is also required to be considered. Taking overall view of the matter therefore, in our opinion, following order would meet the ends of justice. 5] The order dated 19th December 2007 passed by the Collector, Pune, rejecting the application of the petitioner for grant of land in lieu of land bearing survey No.1260/2 is set aside. The Collector, Pune is directed to reconsider that application in accordance with law and pass orders thereon in accordance with law. The respondent No.5 shall also be granted an opportunity of being heard alongwith the petitioner by the Collector. The respondent No.5 may also, if so advised, make an applicati8on for appropriate order before the Collector, Pune in respect of land bearing survey 5 No.1260/2. In case such an application is made, the Collector, Pune shall consider that application also in accordance with law. The Collector, Pune shall pass final orders as expeditiously as possible and in any case, within a period of six months from the date on which writ of this order is served on the Collector, Pune. Rule is made absolute accordingly with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )