1 wp855.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.855 OF 2011 Mr.Motiram Shankar Muke & Anr. : Petitioners V/s. The Collector of Pune & Ors. : Respondents .... Mr.S.A.Sawant for the petitioners. Mr.V.S.Gokhale, Asstt. Govt. Pleader for respondent nos.1 to 4. .... CORAM : D.D. SINHA & A.R.JOSHI, JJ. DATE : JULY 29, 2011. P.C.: Heard the learned counsel for the petitioners and the learned Asstt. Govt. Pleader for the respondent nos.1 to 4. 2. The grievance of the petitioners is in respect of inaction on the part of the respondents-State Government to take appropriate steps pursuant to the order of allotment dated 14.10.1997 whereby 80 ares of land was allotted to the petitioner. However, the petitioner was not put in possession thereof. Pursuant to our order dated 15.7.2011, affidavit-in- reply on behalf of the respondent nos.1 to 4 has been filed by Prashant 2 wp855.2011 Shelke, District Resettlement Officer, Pune, and in paragraphs 5 and 6 of the said affidavit, the District Resettlement Officer has stated on oath as under:- “5) I say that necessary directions to the Tahsildar, Shirur has also been issued on 21/07/2011 to hand over possession of the allotted land to the Petitioner. I say that although the entitlement of the Petitioner was determined at 80 Ares as per the original allotment letter dated 14/10/1997, inadvertently, the fresh allotment letter dated 07/07/2011 mentions the allotment of 40 Ares only. The same will be rectified by issuing corrigendum and allotting 80 Ares of land to the Petitioner. However, it seems from the record that in the Gat No.765/1/2, Village-Shikrapur, Taluka-Shirur, District-Pune, only 40 Ares of land is available for allotment and as such it will not be possible to allot 80 Ares of land in the same gat no. I say that in the circumstances, the allotment made in the Gat No. 765/1/2 will be cancelled. In this view, it is 3 wp855.2011 submitted that 80 Ares of land can be allotted to the Petitioner from Gat No.962 at Village-Shikrapur, Taluka-Shirur, District-Pune. 6) I say that the aforesaid exercise for allotting 80 Ares of land in Gat No.962 to the Petitioner and handing over possession of the same can be completed in 4 weeks from today.” 3. The learned Asstt. Govt. Pleader has made a categorical statement that the possession of the land in question admeasuring 80 ares from gat no.962 of village Shikrapur, taluka Shirur, Dist. Pune, shall be handed over to the petitioners within a period of four eeks from today. We direct the State Government to honour the undertaking and commitment made by the District Resettlement Officer in the affidavit as well as the statement made by the learned Asstt. Govt. Pleader in this regard. The District Resettlement Officer is present in Court. 4. On the back drop of the above referred facts, the cause of action in the present Petition, in our view, no more survives. The counsel for the petitioners seeks liberty to pursue the representation dated 23.6.2010 4 wp855.2011 which is pending before the Collector, Pune. In the circumstances, the Writ Petition is disposed of with liberty as prayed for with a direction to the learned Asstt. Govt. Pleader to file on record the compliance report regarding handing over possession of the land in question to the petitioners. (D. D. SINHA, J.) (A.R. JOSHI, J.)