1 CP-94-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi CONTEMPT PETITION NO. 94 OF 2010 IN WRIT PETITION O. 9582 OF 2009 Yesba Bala Patil & Ors. ... Petitioners vs. Laxmikant Deshmukh, The Collector & Deputy Director for Rehabilitation, Collector Office, Kolhapur & Ors. ... Respondents Mr. P.D.Dalvi,Advocate, for the petitioners. Mr. A.I.I.Patel,AGP for the respondent State. CORAM: J.H.BHATIA,J. DATE : 7th October, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. As per the order passed on 9.12.2009 in W.P.No. 9582 of 2009, this Court had directed that the petitioners be allotted land as they are Project Affected Persons. The petitioners claimed land out of Gat No.675 of village Sangawade. 3. On behalf of the State, Mr. Shivaji Shinde, Tahsildar & Resettlement 2 CP-94-10.sxw Officer, Kolhapur, filed an affidavit stating that the said land was already allotted to one Sudhir Tawade and another land Gat No.233 is already allotted to one Savitri Dhaku Dhokre. It is contended that the petitioner No.3 Rau Babu Naik had asked for land Gat No.193 at Village Unchgaon, but that land does not stand in the name of the Collector and therefore these lands cannot be allotted. The petitioner No.3 Rau Naik has filed an affidavit contending that even though the land Gat No.675 was allotted to Sudhir V.Tawade, his name is deleted and the land still stands in the name of the Collector and therefore that land can be allotted to the petitioners. The learned AGP, on instructions from the Collector and District Resettlement officer, who are present before the Court, makes a statement that the said land is in possession of some other persons, who claim to be tenants over the same land, and those persons have threatened to commit suicide if they are forcibly dispossessed and therefore the allotment in favour of Sudhir Tawade was required to be cancelled. He contends that in these circumstances, the Collector is not in a position to give physical possession of the land to the petitioners. The learned AGP also states that those persons who are in actual possession have also filed certain suit which is pending. However, Mr. Dalvi, learned Counsel for the petitioners states that the said land may be mutated in the name of the petitioners and the petitioners will wait for physical possession as and when it is available. The learned AGP, on instructions, makes a statement that the said land will be 3 CP-94-10.sxw transferred in the name of petitioner No.1 - Yesba Bala Patil within eight weeks. 4. As far as the petitioners nos. 2 and 3 are concerned, they may give their preference for some alternative land and according to availability, the land will be put into possession of those persons. 5. In view of these statements, with consent, the petition stands disposed of. (J.H.BHATIA,J.)