1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3306 OF 2010 1. Nilesh Premraj Pokharna, Age : 31 yrs, Occ.Agri. & Business, R/o Nandanvan Colony, Burudgaon Road, Ahmednagar 2. Sau. Kanchan Prakash Vadera, Age : 46 yrs, Occ. Agri. & Business, R/o Karachiwala Nagar, Ahmednagar, Dist. Ahmednagar 3. Rajendra Jawahar Malu, Age : 50 yrs, Occ.Agri. & Business, R/o Karachiwala Nagar, Ahmednagar 4. Sanjay Narayan Lodha, Age : 44 yrs, Occ. Agri. & Business, R/o Dal Mandai, Ahmednagar, 5. Shivaji Marutrao Anbhule, Age : 51 yrs., Occ. Agri. & Advocacy, R/o Lal Taki, Ahmednagar 6. Sau. Nutan Prabhakar Borkar, Age : 32 yrs, Occ.Agri. & Business, R/o Sub-Jail Chowk, Ahmednagar, Dist. Ahmednagar ..PETITIONERS VERSUS 1. The State of Maharashtra Through It's Secretary, Revenue & Forest Department, Mantralaya, Mumbai 2. The Collector, Ahmednagar 2 3. Mohan Maruti Hapse, Age : 69 years, Occ.Agri., R/o Khalebadi (Bhingar), Tal. Ahmednagar, Dist. Ahmednagar 4. Rukhminibai Mohan Hapse, Age : 64 years, Occ.Agri., R/o As Above 5. Maruti Mohan Hapse, Age : 34 years, Occ.Agri., R/o As Above 6. Rajendra Mohan Hapse, Age : 31 years, Occ.Agri., R/o As Above 7. Raubai Hari Hapse, Age : 74 years, Occ.Household, R/o As Above ..RESPONDENTS Mr R.R. Mantri, Advocate for the petitioners; Mr N.B. Khandare, Govt. Pleader for respondents no.1 & 2; Mr A.S. Londhe, Advocate for respondents no.3 to 7. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 16th April, 2010 ORAL JUDGMENT [ PER GANGAPURWALA, J.) Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties the matter is taken up for final hearing at the stage of admission. 3 2. By the present petition under Article 226 of the Constitution of India the petitioners pray for directions against the respondents to restore revenue entry no.16155 and quash the order dated 19.3.2008 passed by the Sub-Divisional Officer, Ahmednagar. It is also contended that the R.T.S. Appeal No.122 of 2008 is pending with respondent no.2. 3. In view of the fact that the R.T.S. Appeal is pending with respondent no.2, we are not inclined to grant the relief as prayed in prayer clause (B). However, we direct respondent no.2 to decide R.T.S. Appeal No.122 of 2008 in accordance with law, taking into consideration the compromise entered into by the parties and other documents, on its own merits, within a period of one month from today and communicate the decision thereon to the petitioner. 4. Rule is made absolute in above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp3306.10