1 lpa282.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION LETTERS PATENT APPEAL NO. 282 OF 2011 IN WRIT PETITION NO. 6486 OF 2011 WITH CIVIL APPLICATION NO. 336 OF 2011 IN LETTER PATENTS APPEAL NO. 282 OF 2011 Shri Vasudeo Shrikisan Chavan ....Appellant. Vs. The State of Maharashtra & Ors. ...Respondent. Mr. Y.S. Jahagirdar, Sr. Adv. i/by Mr. M.S. Karnik for the Appellant. Mr. R.M. Patne, AGP for Respondent Nos. 1 to 3. Mr. S.A. Sawant for Respondent No.4. Mr. S.C. Gangam i/by M/s. R.M.G. Law for Respondent No. 6. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 5 OCTOBER, 2011. P.C. :- Admit. 2 Heard finally, by consent of the parties. 3 By consent, the Appeal is disposed of in the following terms:- 2 lpa282.11.sxw ssm (a) The orders passed by the Tahasildar, the Sub- Divisional Officer, the Collector and the learned Single Judge are set aside. (b) The matter is remitted back to the Tahasildar, Shirur District Pune for de novo consideration and decision in accordance with law. (c) The Tahasildar shall, if the parties apply, permit even oral evidence to be led. (d) It is agreed between the parties that the question that the Tahasildar has to decide is “as to whether Vasudeo Shrikisan Chavan is a resident of village Nhavare, Dist. Pune.” The Tahasildar shall record a clear finding on that aspect of the matter. (e) The learned counsel appearing for Respondent No. 6 has stated that the Respondent No.6 in so far as allotment of LPG distributionship for village Nhavare is concerned will go by the decision of the Tahasildar. The learned Counsel further states that it is as per the policy of Respondent No.6. (f) The Tahasildar shall permit Respondent No.4 to be 3 lpa282.11.sxw ssm a party to the proceedings and also permit Respondent No. 4 to lead evidence oral and documentary. (g) The Tahasildar is directed to complete the enquiry and make his order as expeditiously as possible in any case within a period of three months from today. Till the Tahasildar makes the order, Respondent No.6 shall not cancel the allotment made in favour of the Appellant. (h) There shall be no order as to costs. 4 Civil Application No. 336 of 2011 is also disposed of. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)