1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2308 OF 2010 (Sau. Kokila G. Bochre & Ors. vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 16, 2010. Heard finally with the consent of Shri Chopde, learned counsel for the petitioners and Shri Sonare, learned AGP for the respondents. The grievance of Shri Chopde, learned counsel is, in September 2009, the petitioner No. 5 was allotted plot No. 289, his mother was allotted plot No. 288 and his father was allotted plot No. 292. Father and mother expired subsequently and hence legal heirs moved application on 23.02.2010 to substitute their names against plot Nos. 288 and 292. Without hearing legal heirs and behind their back, by impugned order dated 16.04.2010, allotment made to the deceased father and mother has been cancelled. According to Shri Chopde, learned counsel, allotment was for the purposes of rehabilitation and as deceased had separate houses, two plots were allotted to them. The learned AGP has invited attention to the reply affidavit to justify the action. According to him, the deceased father and mother were staying together 2 and after their death it is not necessary to allot any plot to them. After hearing respective counsel, it is apparent that when plots were allotted and allottees have expired thereafter, the reason being put forth by the learned AGP cannot be accepted to be a valid reason. However, AGP has tried to contend that it is as per the Government policy. No such policy is produced before this Court. In the circumstances, the interest of justice can be met with by directing the respondents to hear the petitioners before taking any action of cancellation of allotment of plot Nos. 288 and 292. For the said purpose, the impugned orders dated 16.04.2010 passed by Respondent No. 3 are quashed and set aside. The petitioners are directed to appear before Respondent No. 3 – District Rehabilitation Officer, Lower Wardha Project, Wardha, on 13.09.2010 and to abide by his further directions in the matter. Till then, interim orders in relation to plot Nos. 288 and 292, passed by this Court on 07.05.2010 shall remain in force. Writ Petition is, disposed of. Rule is made absolute in above terms. However, there shall be no order as to costs. JUDGE *GS.