R.M.S. KHANDEPARKAR, J.: - Heard.

2. This order shall dispose of the application filed by the State for modification of the order dated 7th June, 2006 passed in the above Writ Petition as also the application filed by Shri. Arun Bhatia, opposing the request by the State for modification of the said order.

3. On 22nd February, 2006, the petitioner requested for an order appointing an inquiry committee to scrutinise all the allotments made by the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976, hereinafter called as "the said Act", in order to assist the Court to verify whether the pieces of land which were declared surplus under the said Act have been utilised for the purpose for which the said Act has been enacted and whether the allotments have been done in accordance with the provisions of law. The respondent/State was directed to show cause, if any, against the appointment of such inquiry committee or one man committee. The matter was then adjourned to 13th March, 2006 on which day, the learned AGP sought time to take necessary instructions in the matter and the matter was adjourned to 21st April, 2006. Again on 21st April, 2006, the learned AGP sought further time to take necessary instructions in the matter and the matter was then adjourned to 7th June, 2006.

4. On 7th June, 2006, when the matter came up for hearing, the learned AGP, on instructions, informed the Court that the State has no objection for appointment of one man committee and further requested that an officer of the rank of Secretary in the State Government or a retired person having experience and knowledge in the field may be appointed as one man committee, to which the petitioner also agreed. The learned advocate for the petitioner thereupon suggested the name of Shri. Arun Bhatia, IAS (retired), for an appointment of One - man Committee. While accepting the said name, the order was passed appointing Shri. Arun Bhatia as one man committee to conduct inquiry in respect of the subject matter of the petition i.e. implementation of the Urban Land (Ceiling and Regulation) Act, 1976 in Nagpur Urban Agglomeration and particularly on the aspect of allotment of surplus land by the State to individuals or institutions and whether it has been done in accordance with the purpose and object of the said Act. Simultaneously, it was left to the discretion of Shri. Bhatia to examine, various aspects co - related with implementation of the said Act and the allotment of surplus land which in his opinion would assist the Court in deciding the petition. Obviously, the Government was given direction to provide all the necessary assistance to enable Shri. Bhatia to complete the inquiry and to submit the report within a period of three months.

5. On 20th June, 2006, the respondent/State filed an application being Civil Application No.3575 of 2006 requesting for modification of the said order thereby to recall, the order of appointing Shri. Bhatia as one man committee and in his place to appoint any other person amongst the list of retired IAS officers or the High Court Judges submitted by the Government. In fact, the Government has not submitted any such list alongwith the said application. When the matter came up for hearing on 21st June, 2006, consequent to the said application by the Government, the learned advocate for the petitioner who had suggested the name of Shri. Bhatia for an appointment of one man inquiry committee was requested by the Court to ascertain from Shri. Bhatia whether he would like to recuse (sic - excuse) himself from being the one man inquiry committee in view of the objection by the Government for he being the inquiry officer, and accordingly the matter was adjourned to 23rd June, 2006 on which day, the learned advocate for the petitioner informed the Court that as per his instructions, Shri. Bhatia was reluctant to recuse (sic - excuse) himself from being the one man inquiry committee. On the very day, an applic

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