JUDGMENT:- Challenge in present writ petition is to the order dated 2-4-1998 passed by respondent No.1 State of Maharashtra allowing an appeal under section 248 of Maharashtra Land Revenue Code, 1966 (referred to as "Code" hereafter) filed by present respondent No.4. Respondent No.4 Waman is related to Petitioners as Uncle. According to Petitioners their deceased mother Nalinibai leased out a plot to an Oil Company by name Esso (now Hindustan Petroleum Company) and respondent No.4 was appointed by said oil company as its dealer to run petrol pump erected on said plot. By Impugned order respondent No.1 has ordered cancellation of allotment and renewal of said plot in favour of deceased Nalinibai and directed the same to be given to respondent No.4 by treating his possession after expiry of lease in favour of deceased mother as encroachment and directing its regularisation as per provisions of Code. This court has while admitting writ petition stayed this direction and said interim order continues to operate even today. As respondent No.4 is above 75 years of age and the senior citizen, matter has been listed for final hearing from category of senior citizen.

2. Plot No. 91 situated a

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