J.R.MUDHOLKAR, S.P.KOTVAL
Berar Provincial Patels and Patwaris Association and Ors – Appellant
Versus
State of Bombay – Respondent
S.P. Kotwal, JJ.
1. This petition raises important questions as to the applicability and scope of Section 214 of the Madhya Pradesh Land Revenue Code, 1954 (Act II of 1955), and as to its constitutional validity.
2. The facts upon which the petition is based are simple. The first petitioner is an association known as the Berar Provincial Patels and Patwaris Association, of which the petitioner Nagorao son of Haribhau Gaopande is the authorised representative. Nagorao also was at the material time the malik watan-dar patwari of several villages in Akola Taluq and the petitioners Nos. 2 and 3 were the malik watan-dar patels of several villages in Akola faluq, district Akola and in Malkapur taluq of Buldhana district respectively. The petitioners were appointed to their respective offices under the Berar Patels and Patwaris Law, 1900. To the provisions of this law and the circumstances in which it came to be passed we shall presently advert.
3. After the abolition of malguzaris and other proprietary rights in Madhya Pradesh by thy Madhya Pradesh Abolition of Proprietary Rights Act, 1950 (Act I of 1951), the law governing land tenures and the rights and liabilities of holders of
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