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1975 Supreme(SC) 61

K.K.MATHEW, P.K.GOSWAMI
Laxminarayan Dipchand Maheshwari – Appellant
Versus
Maharashtra Revenue Tribunal – Respondent


Judgment

GOSWAMI, J.:- This petition by special leave is directed against the judgment of the Bombay High Court rejecting the appellant-landlords application under Articles 226 and 227 of the Constitution with regard to a revenue matter under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (briefly the Act). The second respondent thereinafter the respondent) was the cultivating tenant under the appellant-landlords. It was never in dispute in any of the earlier proceedings that the respondent was personally cultivating the land as a tenant.

2. On a report of the patwari submitted on April 6. 1963, the Agricultural Lands Tribunal, Malkapur, took action under Section 46 read with Section 48 of the Act for fixing the price of the land in possession of the respondent. The appellants contested the proceeding without success and an appeal preferred before the Special Deputy Collector for Tenancy met with the same fate. The appellants then preferred a petition of revision before the Maharashtra Revenue Tribunal, Nagpur that also failed. As noticed earlier eventually the High Court also rejected the writ application. The short question that had been persistently raised





















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