JUDGMENT - CHANDURKAR M.N., J. : - This petition filed by the original owner of survey No. 145 of village Shedshal, Taluka Shired, District Kolhapur, challenges

the action taken by the Settlement Commissioner under section 32(1) of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947(hereinafter referred to as “the Act”), whereby the original scheme for consolidation which had become final is now sought to be modified by the Settlement Commissioner.

2. In a scheme of consolidation in respect of the village of Mahuli, the petitioner was allotted land bearing revision survey No. 146/l-A and revision survey No. 146/1-B admeasuring 1 hectare 58 ares which constituted Gat No. 622. These fields were originally owned by respondent No. 1 before consolidation. Respondent No. 1 was allotted 1 hectare 56 ares out of revision survey No. 145 which was given Gat No. 23. According to the petitioner, this scheme of consolidation was arrived at on the basis of an agreement between the two parties and this arrangement was, therefore, included in the scheme. The petitioner alleged that a joint statement was made by the parties on 22nd November 1973. The petitioner also claimed

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