( 1 ) TODAY the petition is listed for hearing on interim relief. On 5-7-2005, this petition was heard for motion hearing and it was then adjourned to enable the A. G. P. to produce the record and also to enable the respondents to file reply, interim relief in terms of prayer clause (C) was granted. On 13-7-2005, on hearing the respective counsel, Rule was granted and interim relief which was granted on 5-7-2005 was ordered to be continued. In response to rule nisi, the respondent No. 1 has filed reply and contested the petition. Though, this petition was listed for orders for hearing on interim relief, the learned counsel for the respective parties requested that instead of hearing as to continuation or vacating the interim relief, the petition itself may be disposed of finally. Accepting the request, I proposed to dispose of the petition finally.

( 2 ) THE petitioners by this petition have impugned the order passed by the divisional Commissioner, Aurangabad Division, Aurangabad in Case no. 09/a/2004/n/tribal passed on 30-5-2005 in respect of land S. No. 11/1 Gat no. 16 at village Nichpur, Tq. Kinwat, District Nanded. It is contention of the petitioner that the proceedings which a

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