B. P. DHARMADHIKARI, J. : - The petitioners No.1 to 3 claimed, themselves to be owners of Field Survey Nos. 96/3 and 98/2 of Mouza Khamgaon within Khamgaon Municipal Town limits of Khamgaon Municipal Council and they contended that in lieu of permission granted to them to develop open space in the sanctioned layout, they surrendered the land for 60 ft. wide. D. P. road after its reservation had lapsed. However, later on Municipal Council, has revoked that permission and hence said revocation is illegal. The prayer is to permit them to develop the open spaces. It is also their contention that after permission to develop was accorded, they have created third party interest in; favour of petitioners No.4 and 5. Respondent No. 1 in the present matter is Municipal Council, Khamgaon through its Chief Officer while respondent No. 2 is the Planning Authority functioning under provisions of Maharashtra Regional and Town Planning Act (hereinafter referred to as MRTP Act). We are also concerned with Maharashtra Municipal Councils Nagar Panchayat and Industrially Townships Act, 1965 (hereinafter referred to as Municipalities Act).

2. We have heard Shri Mohta, learned counsel for the