1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1376/2010 Bhivraj s/o Rangnath Shendre, Age 40 years, Occu: Nil, r/o. Sasht Pimpalgaon, Tq.Ambad, District - Jalna. ...PETITIONER V/S 1. The State of Maharashtra, through the Secretary, Revenue and Forest Department, Mantralaya, Mumbai. 2. The Divisional Commissioner, Aurangabad. 3. The Collector, Jalna. (4. Babasaheb Kashinath Pathade, Age 45 years, Occu: Nil, r/o Narala, Tq. Paithan, District - aurangabad.) (Leave to delete respondent no.4 granted on 7.4.2010). ...RESPONDENTS ... Mr.S.B.Talekar and Mr. N.E.Deshmukh, Adv., for the petitioner. Mr. S.D.Kaldate, AGP, for the respondent State. ... 2 CORAM: K.U. CHANDIWAL, J. DATE :7-4-2010 *** PER COURT : 1. Leave to delete respondent no.4 granted. Heard Mr. S.B.Talekar, Counsel for the petitioner, extensively. Rule. With the consent of parties, Rule made returnable and heard forthwith. 2. The landed property of the petitioner was acquired for rehabilitation of project affected persons. However, there was a restriction for alienation in terms of the occupants of the Class II or Class I lands under the said Act. The petitioner herein has felt that there is violation of the conditions as the transfer by the allotee is within a period of less than 10 years of allotment and, consequently, he sought the initial allotment to be cancelled for which necessary action before the learned Tehsildar, Ambad, was moved. Then it was before the Collector and now the matter is pending before the Divisional Commissioner, Aurangabad, for cancellation of the order dt. 19.11.2008 passed by the Collector, Jalna. 3. Since the matter is pending before the learned Additional Commissioner, Aurangabad, 3 without further adverting to the merits, as highlighted by Mr. S.B.Talekar, learned Counsel, the learned Additional Commissioner, Aurangabad, shall endeavour to dispose of the revision/representation pending before him, challenging the order of the Collector, Jalna, dt.19.11.2008, to be done within four weeks from communication of the order. Any alienation made in between shall be at the risk of party concerned. Writ Petition disposed of in above terms. Rule made absolute accordingly. [K.U. CHANDIWAL, J.] agp/1376-10wp