1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4988/2009 RAVINDRA JYOTIRAMSAWALE VS. THE STATE OF MAHARASHTRA AND OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.N.B.Bargat, Advocate, for the petitioner. Learned AGP for Respondent Nos. 1, 2 & 3 CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 15, 2010. Heard. 2. Short grievance made by Advocate Bargat is, petitioner was allotted 2.5 acres of land under Maharashtra Agricultural Land (Ceiling on Holding) Act and was cultivating it. Without any notice and opportunity to him and on the basis of some complaints, that allotment has been cancelled and the land is sought to be recovered back from him. 3. Learned AGP has pointed out reply/affidavit filed by Respondent NO. 3 in this respect. That reply- affidavit mentions that on 5.5.2000 a report was received which reveals that distribution was illegal and irregular. The said distribution was, therefore, cancelled and fresh distribution proceedings have been ordered. Learned AGP states that the petition has been filed after 9-10 years and therefore, is stale. 2 4. The reply-affidavit does not dispute allotment in favour of the petitioner or his cultivating possession. Even the fact that he was not given any opportunity in the matter has not been disputed. The petitioner who continues in possession even today is sought to be dispossessed because of some orders passed behind his back. The writ petition, therefore, cannot be lebelled as stale. 5. As violation of principles of natural justice is established, the impugned orders are quashed and set aside. The authorities are directed to hear the petitioner in the matter before taking any action against the petitioner. 6. The petitioner to appear before the Authority for the said purpose on 15th March, 2010 and to abide by his further instructions in the matter. 7. Till the appropriate orders in this respect are passed after hearing the petitioner, the possession of the petitioner as on today shall stand protected. 8. Rule accordingly. No order as to costs. JUDGE Rvjalit.