1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7838 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. S.B.Yawalkar, Advocate for Petitioners. Mr. S.N.Kendre, A.G.P. for State. ................ [ CORAM : B.R.GAVAI, J. ] DATE : 24/11/2009. PER COURT : 1. The learned counsel for the petitioners submits that by the impugned order dated 3/7/2009, the learned Additional Commissioner while deciding the application of the present petitioners for restoration, has decided the matter on merits. He further submits that the impugned order may be quashed and set aside. He further 2 apprehends that by taking advantage of the said order, the possession of the petitioners is likely to be threatened. 2. The impugned order would reveal that the Additional Commissioner has observed in the order that even though there is partition in the land of the owners, the rights of the petitioners as tenants are not affected. It has further been observed that if the purchase price is fixed, the tenants can very well purchase the land in question in accordance with the tenancy laws, if they are eligible and becomes owner of the land. It has further been observed that merely by making entries in the revenue record, the rights of the petitioners as tenants are not adversely affected. 3. In that view of the matter, I do not find that there are adverse observations against the petitioners. On the contrary, the observations made in the impugned order are in favour of the petitioners. In so far as the apprehension regarding dis-possession is concerned, it is settled law that no person can be dis-possessed without following due procedure of law. 3 4. In that view of the matter, no case is made out. The present Writ Petition disposed of with observations made above. [ B.R.GAVAI ] JUDGE knp/WP7838.09