MOHAMADIYA WELFARE SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Respondents waive service of notice. By consent heard finally. This Letters Patent Appeal challenges an order of the learned Single Judge dismissing a writ petition being Writ Petition No. 985 of 2002 filed by the appellant-original petitioner.

(2.) The appellant-original petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India to challenge the order passed by the State of Maharashtra-respondent no. 1 allotting and granting a plot of land (immovable property) to respondent no. 3 before us.

(3.) The grievance of the petitioner is that there is a plot of land bearing No. 131 within Achalpur City limits and which is a Government Land. The appellant as well as 3rd respondent made attempts to obtain allotment of this land in their favour. The Sub Divisional Officer rejected the request of both. However, the 3rd respondent carried the matter in appeal before the Additional Commissioner, Amravati. That appeal was dismissed. Thereafter, he filed a Revision before the State Government, which was heard and decided by Minister of the Department of Revenue. That Revision was directed against the orders passed by the Sub Divisional Officer and the Additional Commissioner. By an order dated 2-8-2000, the Minister of State for Revenue, Government of Maharashtra, set aside the orders of the Sub Divisional Officer as also the Additional Commissioner and allotted the land to 3rd respondent and directed that the necessary steps be taken in terms of Rule 28 of the Maharashtra State Land Revenue (Disposal of Government Land) Rules 1971.