1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3020 OF 2009 Nasira Begum w/o Hakim Khan and others ...Petitioners Versus The State of Maharashtra and others ...Respondents ..... Mr. D.P. Palodkar, advocate for the petitioners Mr. N.B. Khandare, Government Pleader for respondents ..... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 21ST JANUARY, 2010 PER COURT:- 1 Heard counsel for the parties. 2 It is noticed that the Tahsildar, Aurangabad has issued show cause notice on 5.5.2009. According to the learned Government Pleader, it will be open to the petitioners to make representation to the Collector, Aurangabad mentioning all grounds, which have been taken in the present petition including inviting the attention of the Collector to the policy of the Government, which can be considered by the Collector on its own merits. We are in agreement with this submission. 3 In view of the stand taken by the learned Government Pleader, 2 counsel for the petitioners submits that the petitioners would avail of the option suggested by the respondents for which the petitioners may be given liberty to pursue that remedy while allowing the petitioners to withdraw this petition. There is no difficulty in accepting this request of the petitioners. 4. Hence, petition is allowed to be withdrawn with liberty to the petitioners to make representation to the Collector, who in turn shall decide the claim of the petitioners on its own merits in accordance with law. Until the said representation is decided, the petitioners shall not be dispossessed from the disputed property without following due process of law. If the decision of the Collector is adverse to the petitioners, the Collector shall record reasons for such decision and/or communicate the said order to the petitioners within two weeks from the date of decision. Adverse order, so passed by the Collector, shall not be given effect for a period of two weeks from the date of service thereof on any one of the petitioners, so as to enable the petitioners to pursue the matter further, if so advised. 5 Petition disposed of on the above terms. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/ 3