1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.626 OF 2004 Village Panchayat, Jawala, At. Post. Jawala, Tq. Jamkhed, Dist. Ahmednagar Through its Sarpanch Shri.Shahajirao Sambhajirao Pawar Age : 38 years, Occ : Business, & Social Work, R/o Jawala, Tq. Jamkhed, Dist.Ahmednagar. ..Petitioner -VERSUS- 1. The State of Maharashtra (Through its Secretary, Revenue and Forest Department, Maharashtra State, Mantralaya, Mumbai-400 032). 2. The Additional Commissiner, Nasik Division, Nasik. 3. The Collector, Ahmednagar, Dist.Ahmednagar. 4. The Tahasildar, Tq.Jamkhed, Dist.Ahmednagar. 5. Shri.Kantilal Jagganath Chavan Age : years, Occ : Service, (Working in Indian Army), R/o Jawala, Tq. Jamkhed, Dist.Ahmednagar (Copy to be served on Sow. Shubhangi Kantilal Chavan, Age : years, Occ : Household, R/o Jawala, Tq. Jamkhed, Dist.Ahmednagar. ..Respondents ......... Mrs.Madhaveshwari D. Thube/Mhase, Advocate for petitioner. Mr.D.R. Kale, A.G.P. for respondent nos.1 to 4. Mr.V. P. Latange, Advocate for respondent no.5. ........ 2 (CORAM : R.K. DESHPANDE,J.) DATE : 15th June, 2010. ORAL JUDGMENT : 1. This Writ Petition challenges the order dated 01.07.2003 passed in Revision No.R.T.S./RV 141/2002 by the learned Additional Commissioner, Nashik Division, Nashik, dismissing the revision filed by the petitioner and confirming the order dated 15.02.2002 passed by the Collector, Ahmednagar, allotting the government land C.T.S. No.644, admeasuring 95.6 Sq.Mtrs situated at Jawala, Tq.Jamkhed, Dist.Ahmednagar, on permanent basis to the respondent no.5 for residential purpose. 2. On 04.02.2004, the notice before admission was issued to the respondents and the order of status-quo was passed. Since then, the matter is pending for admission. All respondents are served. Shri.V.P. Latange, learned counsel appears for the respondent no.5 and the learned A.G.P. appears for the respondent nos.1 to 4. 3. In view of the fact, the matter is pending for admission since 2004, same is taken up for final hearing, by consent of parties. Hence, Rule, made returnable forthwith. 3 4. The Collector, Ahmednagar, by order dated 15.02.2002 allotted the land C.T.S. No.644, admeasuring 95.6 Sq.mtrs situated at Jawala, Tq.Jamkhed, Dist.Ahmednagar. The petitioner-village panchayat challenged the said order by filing Revision No.R.T.S./R.V. 141/2002 under Section 257 of the Maharashtra Land Revenue Code, 1966 before the Additional Commissioner, Nashik Division, Nashik. The said revision has been dismissed by an order dated 01.07.2003 by the learned Additional Commissioner, Nashik Division, Nashik, confirming the order of allotment dated 15.02.2002 passed by the Collector. 5. Smt.Madhaveshwari Thube/Mhase, the learned counsel appearing for petitioner has urged that there are other plots available for allotment to the respondent no.5 for residential purpose and the present plot, which is allotted, is being used by the village panchayat as approach road. She further submits that the functions of village panchayat are also conducted on the plot in question, and hence, the Collector instead of allotting this plot should have allotted any other plot, which is available to the respondent no.5. 6. Perusal of the order passed in Revision by the learned Additional Commissioner, Nashik Division, Nashik clearly indicate 4 that the objection raised by the petitioner has been taken into consideration and it has been dealt with. On the basis of the report obtained of the spot inspection by the Collector, the land has been allotted to the respondent no.5. The land allotted is a government land and the Collector is competent to allot the same under the provisions of Rule 28 of the Maharashtra Land Revenue (Disposal of Government Lands) Rule, 1971. The order further recites that gram panchayat has not raised any objection in respect of allotment. However, the learned counsel for the petitioner submits that no objection was given in respect of allotment of another plot and for allotment of plot no.644 in question, no objection was invited from the gram panchayat. 7. The affidavit filed by the respondent-Government authorities indicate that there is a 10 Feet road known as Gaothan road from East to West between the shops, and therefore, the contention of the gram panchayat that there is no road for entering gram panchayat office is not correct. It is also stated that there is open space in survey no.651 and also road between the shopping complex. There is no documentary evidence to show that the survey no.644 was in possession of the gram panchayat. 8. In view of the aforesaid position, the findings of facts 5 recorded by the Revisional Authority need no interference as it is based upon the report of the Collector. The Government has taken into consideration the factual position regarding availability of the alternate way and space for village panchayat. Hence, there is no substance in the contentions raised by the petitioner. 9. In the result, there is no substance in instant Petition and same is therefore dismissed with no order as to costs. (R.K. DESHPANDE) JUDGE gas/wp626.04