IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6871 OF 2011 Kamruddin Pachhasaheb Pirjade -- PETITIONER V/s. The State of Maharashtra & Ors. -- RESPONDENTS Shri Uday P. Warunjikar, Advocate for the Petitioner Mr. A.I. Patel, AGP for Respondent Nos.1 to 3. CORAM : G.S. GODBOLE, J. DATE : 17th NOVEMBER, 2011 P.C. : 1. Heard Mr. Warunjikar and Mr. Patel, learned APP for Respondent Nos. 1 to 3. In view of the order which is proposed to be passed which may not be adverse to the Respondent Nos.4a & 4b, the service of rule on those respondents is dispensed with. Rule. Rule made returnable forthwith and heard by consent of Petitioner and Respondent Nos. 1 to 3. I have perused the order passed Supreme Court and also carefully perused impugned judgment and order delivered by the Divisional Commissioner, Pune, Division Pune. Mr. Warunjikar is justified in his submission that impugned order merely reproduces the contention of the Petitioner, the report submitted by the District Resettlement Officer, Sangli and there are virtually no independent reasons given by the Commissioner as to why Commissioner was accepting the report/defence of District Resettlement Officer, Sangli, vis- a-vis. the claim of the Petitioner. : 2 : 2. Mr. Warunjikar is also justified in making a grievance that report of District Resettlement Officer, Sangli which is relied upon was not given to the Petitioner, so as to meet the statements in said report. 3. In view of this, I deem it fit and proper to set aside the impugned order and remand the matter back to the Divisional Commissioner for the hearing and passing a fresh order in accordance with law and after careful considering the submissions of the petitioners, the District Resettlement Officer and the provisions of law including the provisions of un-codified Mohammedan law. 4. Mr. Patel has handed over photocopies of entire compilation of the proceedings before the Divisional Commissioner which include the report submitted by District Resettlement officer, hence, one grievance of petitioner is fully satisfied and the petitioner can no longer make any grievance about not being given copy of the report. If the Petitioner desires to file any rejoinder to the said report, the Petitioner and / or respondent Nos. 4a & 4b may do so within a period of six weeks from today. The Petitioner and Respondent Nos.4a & 4b are directed to appear before the Divisional Commissioner on 30th December, 2011 and ---3/-- : 3 : thereafter the Commissioner shall fix a proper schedule of hearing and the proceedings shall be conducted de novo and finally disposed of with a reasoned judgment on or before 31st January, 2012. Subject to the aforesaid clarification the impugned judgment and order is quashed and set aside. Rule is made absolute in aforesaid terms. No order as to costs. ( G.S. GODBOLE, J.)