srk 1 wp-1709-11.sxw THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1709 OF 2011 Shri Sadguru Prabhakar Swami Maharaj Sahakari Grihanirman Sanstha Maryadit (Regd.) ... Petitioner Versus The State of Maharashtra and another. ... Respondents Mr.Ramdas P. Sabban for the petitioner. Mr. Asif I. Patel, Assistant Government Pleader for State-respondent No.1. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Tuesday, March 01, 2011 P.C. Rule, returnable forthwith. 2. Mr. Asif I. Patel, learned AGP waives service of rule. 3. In the facts and circumstances of the case, this petition is taken up for final hearing. 4. What is challenged in this petition under Article 226 of the Constitution of India is the order dated 10th February, 2011 (Exhibit `H') passed by the District Collector, Solapur in regard to resumption of the land with the construction thereon on the ground of alleged violation of conditions on which the land was allotted to the petitioner-society. srk 2 wp-1709-11.sxw 5. It is not necessary to set out any further facts in detail as the petitioner has challenged the impugned order on the ground that this order is passed in violation of the principles of natural justice and also in violation of the relevant statutory provisions being sections 230, 242 and 253 of the Maharashtra Land Revenue Code, 1966 which requires issuance of the statutory notice and opportunity of hearing to be accorded to the petitioner- society and its members. 6. In view of the fact that the impugned order has been passed without giving any show-cause notice to any party, we are inclined to set aside the same and reserve the liberty to the Collector, Solapur to pass appropriate orders in accordance with law after giving the petitioner-society and the affected members show cause notice and opportunity of hearing. The show- cause notice shall set out the grounds on which the Collector proposed to resume the property. 7. The learned counsel for the petitioner states that the petitioner- society and its members have also made applications for regularization of transfer of the concerned properties from one member to another, but no decision has been taken thereon and that the petitioner-society and its members are sought to be punished. 8. In view of the above, we make it clear that the Collector shall take appropriate decision on the applications made by the petitioner-society and the concerned members within two months from receipt of this order. The Collector shall consider whether there is any breach of conditions of grant of the land which calls for any action against the petitioner-society or its members. srk 3 wp-1709-11.sxw 9. We have not gone into the merits of the contentions sought to be raised for challenge of the impugned order on other grounds and all contentions are kept open. Writ petition stands disposed of accordingly. CHIEF JUSTICE S.J. VAZIFDAR, J.