1 WP9240/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9240 OF 2010 Dayal J. Pate and anr. ...Petitioners v/s District Rehabilitation Officer, Pune and others ...Respondents Mr R.D. Soni i/b M/s Ram and Co. for Petitioners. Mr V.S. Gokhale, AGP for Respondent Nos.1 to 3 and 5. Mr J.M. Patil for Respondent No.4. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 4TH OCTOBER 2011. 2 WP9240/10 P.C. :- 1] An affidavit has been filed on behalf of the State Government by one Shubhangi S. Phule, Resettlement Officer, Ujjani Project, Pune where in paragraph 7, following statement has been made :- 7.I state that even before filing of this writ petition, the petitioners have filed an application on 23/02/2010 in the office of the Collector, Pune requesting to correct the error made at the time of allotment of the land to the project affected person. Hereto annexed and marked as Exhibit 1 is a true and correct copy of the said application. I state that though the land was acquired from southern side of the survey No.681/1, by mistake the possession was delivered to the project affected person of the 30 Ares of the land from eastern side. However, my office is ready and willing to deliver possession of 3 WP9240/10 30 Ares of the land from southern side of Survey No.681/1 to Shri Savaleram Gangaram Kawade being a project affected person. My office is also ready and willing to obtain possession of 30 Ares of land from eastern side of Survey No.681/1 from Shri Savaleram Gangaram Kawade, project affected person and deliver the same to the petitioners. I state that in this circumstances, an appropriate directions be given to the respondent No.4, Shri Savaleram Gangaram Kawade to surrender the possession of 30 Ares from eastern portion of survey No. 681/1 which was delivered to him on 06/05/1998 and to accept the possession of 30 Ares of land from southern side of survey No.681/1. It appears from the above quoted statement that the State Government accepts that the land which was not actually acquired by the State Government was given to the respondent No.4. The 4 WP9240/10 case of the petitioners is that the petitioners continue to be in possession of the land whereas the respondent No.4 also claims that he is in possession. In these circumstances therefore, in our opinion, following order would meet the ends of justice. 2] Both the parties viz. Petitioners and respondent No.4 shall appear before the Resettlement Officer, Ujjani Project, Pune on 17th October 2011 alongwith a copy of this order. The Resettlement Officer, Ujjani Project, Pune thereafter shall hold enquiry and make orders in accordance with law after enquiring into the claims of the petitioners and the respondent No.4. All contentions available to both the sides are kept open to be raised before the Resettlement Officer, Ujjani Project, Pune. During the pendency of enquiry before the Resettlement Officer, the parties are directed to maintain status-quo as it exists today. Petition is disposed off. 5 WP9240/10 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 ANOOP V. MOHTA )