1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7138 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 7138 OF 2010 *** 1. Heard Advocate Mr. Kakade for the Petitioner and learned A.G.P. for Respondents. 2. Though Shri Kakade has attempted to urge that application moved by deceased father of petitioner on 21st July, 1992 was under section 31-A of The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, [the Act of 1947, for short], after hearing learned A.G.P., I find that order passed upon it cannot be set aside because of absence of assertion that the possession is as per partition. 3. The learned counsel for petitioner has however invited attention to specific assertion in paragraph 4 of writ petition and he contends that even today petitioner is in possession of entire land. He further makes 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7138 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. a statement that no civil suit against any neighbour in relation to said portion is pending. 4. In view of this specific statement made by the petitioner, the petitioner is given liberty to file appropriate application under section 31-A of 1947 Act within a period of six weeks from today. If such application is filed, the authority shall consider it in accordance with law and pass fresh orders upon it as early as possible. 5. With above liberty, the petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:08/04/2011. ans/7138