JUDGMENT

R.G. Avachat, J. - Rule, made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.

2. This petition under Article 226 of the Constitution of India has been filed with the following main prayers :-

"(B) By an appropriate writ, order or direction in the like nature, it may be held and declared that reservation to the extent of 1 Hector 21 R from survey Nos.233, 233/1, 233/2, 233/3 and 233/4 situated at Kinwat, Tq. Kinwat, Dist. Nanded reserved for play ground as part of development plan of Kinwat City dated 27.05.2002 is lapsed.

(C) By an appropriate writ, order or direction in the like nature, respondent no.1 may kindly be directed to publish notification under Section 127(2) of the Maharashtra Regional and Town Planning Act for deleting of land to the extent of 1 Hector 21 R from Survey Nos.233, 233/1, 233/2, 233/3 and 233/4 situated at Kinwat, Tq.Kinwat, Dist. Nanded reserved for Play Ground from the development plan dated 27.05.2002 of Kinwat Municipal Council."

3. A short question that falls for consideration in this petition is, whether reservation of the land owned by the petitioners in the development plan prepared under the Maharas