wp7532.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7532 OF 2010 Uday s/o Manohar Gandhewar, R/o-Kinwat, Dist-Nanded. ...PETITIONER. VERSUS 1) Municipal Council,Kinwat Through its Chief Officer, 2) The Assistant Director, Town Planning, Nanded, 3) State of Maharashtra, Through Secretary, Urban Development Department, Mumbai. ...RESPONDENTS. ... Shri. S.V. Natu Advocate for Petitioner. Shri.S.M.Vibhute Advocate for Respondent No.1. Shri. S.K. Kadam, A.G.P. for Respondent Nos. 2 and 3. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 8TH SEPTEMBER, 2011. PER COURT : 1. Heard learned counsel appearing for respective parties. wp7532.10 2 2. It is contended that Petitioner and Municipal Council Kinwat entered into an agreement under which Petitioner handed over possession of land, by getting possession receipt, on 12th June, 1998, consequent to resolution passed by Municipal Council, Kinwat on 25th March 1998, for handing over land Survey No.253 and 254, to the extent of 0.70 and 0.85 Are. The Petitioner has referred to notice dated 14th June, 2004 calling upon the Petitioner to execute an agreement on Rs.100/- stamp paper. Further reliance is placed on a communication made by the Municipal Council, Kinwat to the Petitioner, on 22nd May, 1998. 3. The Respondent Nos. 2 and 3 filed affidavit in reply, wherein they contend that Municipal Council, Kinwat did not provide required and relevant documents for valuation, therefore, Respondent No.2 Assistant Director, Town Planning, has finally communicated to Municipal Council, wp7532.10 3 Kinwat by letter dated 24th December, 2003, to submit documents, however the documents were not supplied. 4. Notices were issued by this Court on 6th September, 2010. The Chief Officer, Municipal Council, Kinwat was directed to remain present before the Court, by an order dated 20th December, 2010. As Chief Officer did not remain present, we had to pass further order on 30th August, 2011. 5. Learned counsel for Respondent No.1 Municipal Council, Kinwat submits that Nayab Tahsildar, who is holding charge of the post of Chief Officer, is present in the Court, consequent to the order. Affidavit is filed by in-charge Chief Officer tendering unconditional apology to the Court for causing inconvenience. 6. The Petitioner has approached this Court at a highly belated stage, in respect of the claim wp7532.10 4 raised by the Petitioner. The learned counsel for Municipal Council submits that inspite of best efforts put in by in-charge Chief Officer, file of the Petitioner could not be traced out. In the facts of the case, it would be appropriate to direct the parties to verify the record and reach appropriate conclusion in this regard. 7. The Petitioner shall appear before the Chief Officer, Municipal Council, Kinwat on 19th September, 2011 at 11.00 a.m. The Petitioner is entitled to place all the relevant papers before the Chief Officer. In case the Petitioner appears and places relevant documents before the Chief Officer, Municipal Council, Kinwat, we direct the Chief Officer to verify the documents and thereafter take necessary decision, strictly in accordance with the facts, merits of the matter. The Chief Officer shall take decision within eight weeks from 19th September, 2011. wp7532.10 5 8. We direct the Collector, Nanded to look into the issue as to why regular Chief Officer has not been appointed so far and also look into the decision taken by Chief Officer in this regard. With these observations, Writ Petition is disposed of. All issues are kept open. We have not expressed any opinion on the merits of the matter. . The learned A.G.P. shall communicate this order to the Collector, Nanded. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/SEPT11