CHANDRAKANT DASHRAT DHENGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners who are Agriculturists have filed this PIL in which validity of the order dtd. 9/2/2015 passed by the Collector, Solapur in Review Application No. PR/663/2014 has been assailed. The Petitioner also seeks to quash and set aside the allotment of Gairan land admeasuring 2 hectares situated at Village-Javalgaon, Taluka-Barshi, District-Solapur in favour of Respondent No.5-Trust.

(2.) Facts giving rise to this petition in nutshell are that, Respondent No.5 is a Registered Trust. The State Government is the owner of Gairan land bearing Survey No.194 admeasuring 15 hectares and 3 Ares situated at Village-Javalgaon, Taluka-Barshi, District-Solapur. The aforesaid land is situated near Javalgaon Medium Irrigation Project. The construction of the aforesaid Javalgaon Medium Irrigation Project was completed in the year 1989. Respondent No.5-Trust submitted an application seeking allotment of Gairan land of 5 Acres for construction of a School. Thereupon, by an order dtd. 19/9/2008, 2 hectares of land for construction of the school building was allotted to the Respondent No.5-Trust. It appears that Respondent No.5-Trust constructed a School building on the said land sometime in the year 2010.

(3.) Thereafter, it appears that the Irrigation Department filed an application before the Collector, seeking review of the order dtd. 19/9/2008 by which land was allotted in favour of Respondent No.5-Trust on the ground that the land belongs to the Irrigation Department. The Collector by an order dtd. 18/1/2012, allowed the Review Petition filed by the Irrigation Department and cancelled the order of allotment on 19/9/2008.