BHUPAL ANNA VIBHUTE Vs. COLLECTOR OF KOLHAPUR

JUDGEMENT

(1.) THE petitioner is a citizen of India and is resident of Jaisingpur in Taluka Shirol, District Kolhapur and is a tax payer and is in service at Jaisingpur. The petitioner has come to this Court by way of a public interest litigation by filing this petition wherein he has challenged the order of the State of Maharashtra (respondent No. 2 herein) passed on 6th November, 1984 (Annexure B to the petition) whereby respondent No. 2 has cancelled its earlier order dated 30th September, 1983 and has ordered to allot Government land admeasuring 1115. 4 sq. meters bearing C. T. S. Nos. 2256 and 2257 situated at Jaisingpur to Raosaheb Dhanpal Patil (respondent No. 3 herein) as a special case for Motor Mechanical Servicing Centre without auction for Rs. 78,078/- as occupancy price. This order has been passed by respondent No. 2 under section 40 of the Maharashtra Land Revenue Code, 1966 (for short "the Code" ). This order, as said above, is under challenge in this petition. The petitioner has also challenged the consequential order passed by the Collector, Kolhapur (respondent No. 1 herein) on 3rd January, 1985 wherein certain terms and conditions of the allotment of the land have been specified. These orders are challenged as arbitrary and in violation of the Rules pertaining to the disposal of Government lands and thus the orders are alleged to be violative of Article 14 of the Constitution.

(2.) LATER on, the petitioner by amending the petition has also challenged the vires of sections 20, 31 and 40 of the Code. We may mention here that at the hearing Mr. Rane, the learned Counsel for the petitioner, confined the challenge to the vires only in respect of section 40 of the Code.

(3.) THE facts of the case insofar as they are relevant for the present judgment may be stated as follows.