- (1.) Leave granted.
(2.) This appeal by special leave arises against the judgment dated August 31, 1990 made in W. P. No. 3278/81 by the High court of Bombay. The admitted facts are that the appellants had from the Government 4 acres of land on April 5, 1946 for construction of Ayurvedic Karkhana in the industrial zone subject to the following conditions : "(A) The land (and the building to be constructed thereon) should be used for the purpose for which it is granted, viz. Manufacture and sale of Ayurvedic medicines, and conducting an Ayurvedic school or College, and an Ayurvedic hospital. (b) The management of the Shahu aryopushadhi Karkhana should agree to abide by all the building rules and regulations of the Kolhapur Municipal borough; and (c) The management should also agree to purify its discharges to such extent as may be laid down by the Municipality from time to time and let them out in the Municipal drains and sewage at such intervals and at such times as may be fixed by the Municipality from time to time. "
(3.) On inspection made by the Collector, he found that 1 Hectare 29 acres of land allotted to him was to be vacant- that he had the information that the appellant was attempting to alienate the property; and that the appellants had not used the assigned land in. compliance of the three conditions enumerated hereinbefore. Therefore, notice was given to the appellant as to why the land could not be resumed; It no reply was not received within 10 clays from the date of receipt of the letter, it was to be presumed that the appellants had no cause or grievance for resumption of the land by the Government. After passage of two years, they gave reply on February 5.1980. An order came to be passed after consideration of the submissions made by the appellants on September 5, 1981 rejecting the contentions opposing resumption of the land. Calling that order in question, they filed a writ petition in the High Court. The High Court in the above writ petition has dismissed the same.;