1 wp10695-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10695/2010 Nawab Behbood Ali Khan S/o late Mumtaz Ali Khan Age 65 years, Occ-Business R/o Nampalli, Hyderabad. .. PETITIONER VERSUS 1] The State of Maharashtra (Copy to be served on Government Pleader, High Court of Bombay Bench at Aurangabad) 2] The Collector, Aurangabad. 3] The City Survey Officer, City Survey Office, Aurangabad. .. RESPONDENTS ... Shri V.D.Sapkal,Advocate for petitioner Shri G.R.Ingole Patil,AGP for respondents. 2 wp10695-10 CORAM : D.B.BHOSALE & A.V.NIRGUDE,JJ. DATE : 14/03/2011 ORAL JUDGMENT : Rule. Rule returnable forthwith. Heard finally by consent of learned counsel for the parties. 2] By this Writ Petition, the petitioner is seeking direction to respondent nos.2 and 3 to consider and decide his application dated 22/4/2010 [Exh-Q to the Petition] within time frame. The application dated 22/4/2010 is addressed to the Collector, Aurangabad and to the City Survey Officer, City Survey Office, Aurangabad. By this application, petitioner has prayed for taking entry of his name in the record of rights in respect of the property mentioned in the application. We do not wish to enter into merits of the case. We also do not wish to examine rights of the petitioner, so also of any other person interested in the property. We are satisfied that this petition can be conveniently disposed of by issuing the following directions: [a] The Collector, Aurangabad shall consider and decide the application dated 22/4/2010 on merits in accordance with law. It is open to the Collector, Aurangabad, to decide the application dated 3 wp10695-10 22/4/2010 either himself or through any other appropriate officer, who is obliged to decide such applications under the provisions of the Maharashtra Land Revenue Code. It is needless to mention that notices will be issued to the petitioner and to the persons interested in the property and that they will be given an opportunity of being heared. The Collector/concerned officer shall endeavour to decide this application as expeditiously as possible and preferably within a period of 1 year from the date of receipt of this order on merits in accordance with law. [b] It is open to the petitioner to approach the City Survey Officer for appropriate relief, after the application dated 22/4/2010 is finally decided by the Collector, Aurangabad. As observed earlier, we have not examined the rights of the parties and the concerned authority shall deal with the prayer made in the application, after following the due procedure. [c] Rule is made absolute in the terms of this order. No costs. Authenticated copy be supplied to the parties. [A.V.NIRGUDE,J.] [D.B.BHOSALE,J.] 4 wp10695-10 umg/wp10695-10