JUDGMENT - B.H. MARLAPALLE, J.:---This petition, filed in public interest, seeks a writ of mandamus against respondent Nos. 1 to 3, to take the possession of land admeasuring 1 Acre 35 Gunthas from Survey No. 290 of Nilanga town which was allotted to respondent No. 4 (the former Chief Minister of Maharashtra) by cancelling the certificate of allotment and the occupancy rights and to quash and set aside the order dated 14th October, 1969 issued by respondent No. 3 as well as the order dated 7th September, 1981 which is in the form of certificate of allotment of land in Survey No. 290. The petition also seeks a relief of declaration that the allotment of Government land to the extent of 1 Acre 35 Gunthas from Survey No. 290 in favour of respondent No. 4 is illegal, arbitrary and not in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (the Code, for short) and the Rules framed thereunder and further declaration that the sale deeds executed by respondent No. 4 in favour of respondent Nos. 5 to 13 as illegal and contrary to the provisions of the Code.

2. The Tahsildar, Nilanga has filed return and opposed the petition. Similarly respondent No. 4 has filed affidavit in reply and opposed the petition. It is stated that the petitioner has not approached this Court bona fide and the petition is an attempt of mudslinging to settle political scores. The petitioner has been convicted by a competent Court and his action of approaching this Court is not in public interest but a personal vengeance due to political rivalry. It is further contended by the respondent No. 4 that the subject land was allotted to him by an order passed in 1968 with right of ownership and alienation and no conditions, whatsoever, in the said allotment were intimated to him before he entered upon the land. The respondent No. 4 has denied the allegations of political influence or his status in getting the subject land allotted in his favour and prayed that the petition be dismissed.

3. Pursuant to our directions, the Deputy Secretary from the department of Revenue and Forest, Mantralaya, the Additional Divisional Commissioner, Aurangabad and the Collector, Latur are present with the respective record which has been perused by us. It is noted that the respondent No. 4 had approached the Minister for Revenue on 13th of August, 1965 for allotment of land and this request was considered and land admeasuring 2 Acres from Survey No. 290 of Nilanga town, which was reserved for Government Godown, was provisionally allotted by order dated 10th August, 1968. A copy of the said order was marked to various authorities including the Collector, Osmanabad who was, in turn, called upon to get the valuation of the land done from the Town Planner. Final order of allotment came to be passed on 16th August, 1971 in favour of the respondent No. 4 allotting him 1 Acre 35 Gunthas Gairan land from Survey No. 290 of Nilanga town on payment of occupancy price as a Class-II owner and the occupancy price was fixed at Rs. 7,500/- per acre as was determined by the Town Planning and Valuation Department. The said grant was subject to the following two conditions:

(a) terms and conditions as laid down in Government Resolution, Revenue Department No. LND-3955/75/117-D dated 7th August, 1956 as modified by subsequent Government Resolution No. LND-2260/5208/A dated 12th September, 1962 and

(b) Rules 31 and 41 of the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971.

This order was under the signature of the Under Secretary to the Government of Maharashtra-Revenue and Forest Department and a copy of the same was forwarded to the Collector of Osmanabad. Subsequently, the Collector communicated the said order to the concerned authority i.e. Deputy Collector on 3rd November, 1971 vide Letter No. 1971 LND 4287 stipulating therein the above mentioned conditions. It appears that this land could not be handed over to respondent No. 4 because of certain technical reason

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