1 Wp6840-10 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6840 OF 2010 Chandamma Shivputra Tolnure & Anr. ... Petitioners. V/s. The Collector, Solapur & Anr. ... Respondents. Ms. Suvarna Avhad for petitioners. Mrs. M.P. Thakur, AGP for respondent no. 1. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATE : 11th MARCH, 2011 P.C. By way of this petition, the petitioner has prayed that the application given by the petitioner on 19.11.1986 and subsequent application dated 28.5.2007 are not decided by the Collector, Solapur. The petitioner has placed some tin shed of 12’ X 18’ and paying rent to the Akkalkot Municipal Council. The petitioner gave an application for allotting the said area as per the government policy. The applications have been resisted by the respondents and a reply has been filed by the District Collector, Solapur. It is pointed out in the reply that the petitioner along with four applicants have applied for allotment of land for commercial purpose. It is pointed out that the land which has been occupied by the petitioner is on temporary basis and the application of the petitioner dated 28.5.2007 was forwarded by the office of the Collector, Solapur to the office of the Superintendent of Land 2 Wp6840-10 Records, Solapur for enquiry. On enquiry, it was found that the land in question cannot be granted as the land is required for shopping centre to be built by Akkalkot Municipal Council. It is also pointed out that it is true that on 15.3.1990, one Sidramappa Nagappa Kore had applied for grant of government land admeasuring 139 sq. mtrs to the north of CTS No. 738 and the same was allotted on 13.12.1994 to the said person as he was a freedom fighter. It is stated that now the prayer of the petitioner cannot be considered as there is a proposal from the Akkalkot Municipal Council for constructing a commercial complex on the said land. In view of the same, the learned AGP., submits that the land in question cannot now be granted to the petitioner on permanent basis. 2. In our view, the petitioner cannot insist that the petitioner must be allotted the very land on which he is having his tin shed if the land in question is reserved for public purpose. It would be open for the petitioner to make a representation for allotment of some other area to the petitioner, as according to her, it is the policy of the government to allot some land to the cobblers. If any representation is made to the Collector for allotting any other available land, the Collector may consider the said application in accordance with law and the government policy and may take appropriate decision expeditiously and preferably within three months from receipt of such application. Of course, on this aspect we have not expressed any opinion. Whatever may be the decision, the same may be communicated to the petitioner immediately. 3 Wp6840-10 3. In view of what is stated above, the petition stands disposed of. (A.A.SAYED, J.) (P.B.MAJMUDAR, J.)