SUSHILA RAMLAKHAN YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners.

(2.) The challenge in the petition is to the impugned communication/order dtd. 3/5/2019 passed by the respondent Nagpur Improvement Trust, wherein the claim of the petitioners for allotment of plot No.130 Khasra No.7, Mouja Indora, Nagpur came to be rejected on the ground that the original claimant Sushilabai failed to demonstrate that she is an encroacher and under sub-rule 2 of rule 5 of the Nagpur Improvement Trust and Land Disposal Rules, 1983 the husband Ramlakhan Yadav was already allotted plot No.161.

(3.) The learned counsel appearing for the petitioners has invited our attention to the representation preferred by petitioner pursuant to the order dtd. 20/03/2019 delivered in Second Appeal No.41 of 2019. According to him, paragraph No.8 of the said judgment reads thus: