1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4722 OF 1998 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. S.S.Choudhari, Advocate for petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State. ............................ CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 09/08/2010 PER COURT : 1. By way of present petition, the petitioner seeks writ of mandamus directing respondent nos. 2 to 4 to implement the direction given by respondent no. 1 dated 31/10/1995. 2. It is the case of the petitioner that the land in question, which is vested in the Irrigation Department, was directed to be leased out to the petitioners for use as play ground for the school run by them. He submits that though specific directions are issued on 31/10/1995, respondent nos. 2 to 4 are not implementing the same. 3. In the affidavit in reply filed on behalf 2 of respondent Irrigation Department, it has been specifically stated that the land in question though was to be entered in the name of Revenue department in the record of rights, it was erroneously entered in the name of Irrigation department. It is further stated that the original land owner has also made an application, that since the purpose for which the land was acquired, had ceased to exists, the said land returned to him. Even the Gram Panchayat has also applied to the revenue authorities for getting the said land for the purpose of extension of gaothan. 4. We find that the Irrigation department had not followed the procedure as laid down in law to allot the land or to direct the said land to be given on lease. It is only the Collector, who, under the provisions of the Maharashtra Land Revenue ( Disposal of Govt. Lands ) Rules, 1971 is empowered either to grant permission for allotment of the land or to give it on lease. 5. In that view of the matter, we dispose off the petition by permitting the petitioner to make appropriate application to the Collector, Aurangabad for grant of land on lease. The Collector after considering the rival claims 3 would consider the matter in accordance with law within a period of 6 months from today. 6. In view of disposal of the Writ Petition, the application for intervention is allowed. The applicants are allowed to intervene in the Writ Petition. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/ WP 2011.94