1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.4759 of 2007. Sanjana Child and Lady Develop Society Trusts Amravati thro. its Secretary. VS State of Maharashtra, thro. Secretary and others. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. S. R. Deshpande, Advocate for the petitioner. Mr. M.K. Pathan, Advocate for Respondent no.4. Mr. S.S. Doifode, AGP for Respondents no.1 & 2. Mr. P. S. Patil Advocate for R-6. CORAM : B.P.DHARMADHIKARI AND F.M.REIS, JJ Dated : 3rd AUGUST, 2009. 1. The prayer is to allot the land situated adjacent to the Municipal Hospital to the petitioner for use as a play ground by the Kids of the petitioner School with further relief that the allotment made in favour of the respondent no.6 for its use as a Gymnanism should be cancelled. 2. On affidavit, the allotting authority i.e. the respondent no.4 has pointed out that the petitioner is claiming the piece of land on western side of the Municipal Corporation Hospital, while the Respondent no.6 has been allotted the land on its eastern side. It is further stated that only to avoid the encroachment, the respondent no.6 has been allowed to use the land on eastern side. 3. It is not in dispute taht the petitioner is claiming the land on western side of the hospital and the respondent no.4 has 2 not allotted that land to respondent no.6. 4. Advocate Mr. S. R. Deshpande states that the petitioner is the only applicant for allotment of that land. If the respondent no.4 is allotting the land claimed by the petitioner to any other person, claim of the petitioner shall be taken into consideration in accordance with law and thereafter, the allotment if any to other person shall be considered. 5. In so far as the allotment made in favour of the respondent no.6 is concerned, the petitioner contends that it is without any advertisement and only because the respondent no.6 is a Corporator. 6. We are not inclined to go into the said issue. We give the petitioner liberty to raise proper challenge in this respect if he so desires. Subject to this, the petition is disposed of with no order as to costs. JUDGE JUDGE /Muley/