FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.456 OF 2009 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.V.A.Thorat, Sr.Adv. i/b M.M.Sathaye for the petitioner. Mr.Sameer Patil AGP for respondent nos.1 and 2. CORAM: S.B.MHASE & D.B.BHOSALE, JJ. CORAM: S.B.MHASE & D.B.BHOSALE, JJ. CORAM: S.B.MHASE & D.B.BHOSALE, JJ. DATED: 12TH FEBRUARY, 2009. DATED: 12TH FEBRUARY, 2009. DATED: 12TH FEBRUARY, 2009. P.C.: P.C.: P.C.: . Leave to amend is granted. 2. Heard learned counsel for the parties. 3. Admittedly, the land in question have been acquired by the Government long back for the construction of T.B.Sanitarium, however, it is submitted that the land is not utilised by the Government for the said purpose and, therefore, the petitioner is trying to get the land back. Since the land has already been vested in the Government, there is no question of returning the land to the petitioner. However, if the government has taken decision that the land is not to be utilised for T.B.Sanitarium and/or for any other public purpose and if ultimately the Government has come to the conclusion that the land is of no use to the Government and thereby the government desires to dispose of the land, the Government shall follow the rules and procedure for disposal of the said land and if such procedure is followed and the petitioner is one of the persons who can apply for getting land and if the petitioner is found eligible as per the land disposal rules alongwith all other claimants or persons desirous of getting land the claim of the petitioner may be considered by the government. The petition is disposed of. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)