( 1 ) THE short facts of the case are that the respondent No. 4 Gram Panchayat had moved the proposal for disposal of the land by auction to Town Development Officer (hereinafter referred to as ?tdo?) and the said land as per the petitioners was forming part of Gamtal/village site for which the permission came to be granted for such purpose by TDO on 26. 3. 1984. Thereafter, the auction was held on 22. 10. 1984 and the petitioners participated at the auction and the offer of the petitioners was accepted. On 28. 2. 1985, the order came to be passed by the TDO confirming the sale and the land admeasuring 400. 31 sq. mtrs was given to the petitioner No. 1 on various conditions as mentioned in the order. In the same manner, the land admeasuring 382. 52 sq. mtrs by another order came to be granted by confirming the sale on 28. 5. 1985 in favour of Vinod Murji (Kerai), petitioner No. 2. As per the petitioners, after the possession of the land was handed over, the adjacent land holder, Smt. Laxmibai Velgi Hirani preferred Regular Civil Suit No. 230 of 1987 for challenging the allotment of the plot to the petitioners and prayed for injunction against construction. In the said suit, the Dis

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