Lokmanya Tilak Jankalyan Shikshan Sanstha, Thr. Its Secretary, Mrs. Abha Satish Chaturvedi v. State Of Mah. Thr. Its Secretary, Urban Development Dept., And Others

1 07.07.caw.1208.15.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO.1208/2015 IN WRIT PETITION NO. 1703/2015 (Lokmanya Tilak Jankalyan Shikshan Sanstha vs. State of Maharashtra and others) .......................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. V.M.Lute, Adv.h/for Mr S.K.Mishra, Adv. for petitioner/s Mrs. B.H.Dangre, AGP for Respondent No.3 CORAM : B.R.GAVAI & INDIRA K.JAIN, JJ.

DATED : 7th July, 2015.

Heard.

By means of present Civil Application, the respondent no.2 Additional Collector is seeking modification of the order dated 10th July, 2014 in Writ Petition No.1703/2013.

Vide order passed in said Writ Petition on 10th July, 2014 along with other matters, the Court had directed the Collector to take a fresh decision in relation to the show-cause notice issued to the petitioner.

However, subsequently, in a bunch of Writ Petitions being Writ Petition No.4080/2010, the Division Bench of this Court vide order dated 25th August, 2014 had constituted a High Power

2 07.07.caw.1208.15. Committee to examine the legality and validity of allotment of land to the petitioners therein. By way of present Application, limited relief that is sought is that instead of Collector, the said Committee be directed to examine the correctness or otherwise of the land allotted to the petitioner in the present petition also.

We find that the Civil Application deserves to be allowed, inasmuch it would be appropriate that the same authority to consider the similar issue. The order dated 10th July, 2014 is modified. It is directed that the issue of allotment of land to the present petitioner shall also be considered by the High Power Committee constituted as per the orders of this Court dated 25th August, 2014.

Civil Application is allowed accordingly and disposed of.

JUDGE JUDGE sahare