WP.5344-91 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 5344 OF 1991 Shri Hanuman Sahakari Grihnirman Sanstha Maryadit, through its Chairman Mr. Shankar Kallappa Jirge ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents *** Mr. N. V. Bandiwadekar i/b A. V. Bandiwadekar, for the Petitioner. Mr. A. I. Patel, AGP for the Respondent Nos. 1 to 3. *** CORAM: V. M. KANADE J. DATE : JANUARY 7, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the petitioner and the learned APP appearing on behalf of respondent Nos. 1 to 3. This petition, filed under Article 226 and 227 of the Constitution of India, is challenging the order passed by respondent No.1 dated 13th November, 1991, informing the petitioner that the suit land cannot be allotted to the petitioner Society. The learned counsel appearing on behalf of the petitioner submitted that the suit lands were already allotted WP.5344-91 - 2 - to the petitioner and that after inquiry was made by the concerned authorities, occupancy price was fixed and the said price was paid by the members of the petitioner Society. Initially actual physical possession of the suit land was handed over to the petitioner Society and thereafter the Society allotted plots to its members. It is submitted that impugned order is passed without giving hearing to the petitioner and taking into consideration that the land was already allotted to the Society on 31-5-1979. No affidavit-in-reply has been filed by the respondents, though petition is pending for the last 19 years. 2. Perusal of the impugned order clearly discloses that no reasons have been assigned by respondent No.1 for passing the said order. This is also a clear case of non application of mind. Since the record indicates that the land was already allotted as sanctioned on 31-5-1979 and actual allotment of land was made on 10th July, 1985. In view of this, the submission made by the learned counsel for the petitioner will have to be accepted. The impugned order dated 13th November, 1991, annexed at Exhibit “P” to the petition is quashed and set aside. Writ petition is, therefore, allowed in the aforesaid terms. [ V. M. KANADE J.]