JUDGMENT - M.L. PENDSE, J.:---The question for determination in this petition is filed under Article 226 of the Constitution of India is whether a tenant in occupation of agricultural land is entitled to notice before the Collector issues exemption certificate in favour of a Public Trust as contemplated under section 88-B(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the 'Act'). The petition is referred to Division Bench by the learned Single Judge at the stage of admission as it was felt that the decision of the Single Judge in the case of (Shrimant Jagdesras Anandrao Pawar v. Kisan Namdeo Pawar and others)1, reported in 1979 Maharashtra Law Journal 687 holding that notice is not required to be served on the tenant requires reconsideration.

2. The respondent is a Public Trust and claims to be registered under the Bombay Public Trust Act, 1950. The Trust owns agricultural lands bearing Gat No. 1061 at Village Beneli and Gat No. 1894 at village Kothali in Karvir Division of Kolhapur District. The lands are leased out to the petitioners and the rights of the tenants are regulated by the provisions of the tenancy Act. The trustees instituted T

Click Here to Read the rest of this document