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1971 Supreme(Bom) 95

G.N.VAIDYA, S.P.KOTVAL
Ganeshrao Kishanrao Deshmukh – Appellant
Versus
Devsingh Venkatasingh. – Respondent


JUDGMENT - Vaidya, J.

1. This petition under Article 227 of the Constitution of India is directed against an order purporting to be of the Government of Maharashtra communicated to the petitioners Advocate by an officer of the Government described as the Officer on Special Duty, Revenue and Forest Department in respect of an appeal filed by the petitioner before the Government of Maharashtra under Section 2 - A of the Hyderabad Abolition of Inams and Cash Grants Act, 1954. By the impugned letter dated February 3, 1967, the Officer on Special Duty informed the petitioners Advocate that the appeal filed by the petitioner on July 20, 1964 was disposed of as per Government memorandum dated February 2, 1967 and a note accompanying thereto.

2. The Government memorandum dated February 2, 1967 is addressed to the Collector of Osmanabad with reference to the appeal filed by the petitioner and proceeds to decide the dispute between the petitioner and opponents Nos. 1 and 2 as to whether opponents Nos. 1 and 2 are Kabiz - e - kadims within the meaning of Section 2 (1) (e) of the Hyderabad Abolition of Inams and Cash Grants Act. The memorandum states :-

"Government has given careful consideration























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