2004 Supreme(Bom) 1497
B.P.DHARMADHIKARI
Champalal Bansilal Parate (Dr. ) & others – Appellant
Versus
Additional Commissioner & others – Respondent
JUDGMENT - DHARMADHIKARI B.P., J.: - The petitioners by this petition filed under Articles 226 and 227 of Constitution of India challenge the order dated 30-8-1990 passed by the Additional Commissioner, Nagpur Division, Nagpur in revision under section 257 of the Maharashtra Land Revenue Code. In the said order, the Additional Commissioner has found that while effecting the partition by metes and bounds, Tahsildar has not considered the valuation of lands involved in the partition, as one of the facts governing the grant of shares. The Additional Commissioner has further found that said order also does not indicate the consideration of other relevant aspects like fertility and locational advantages. The Additional Commissioner has, therefore, remanded the matter back to the Tahsildar for fresh inquiry and order regarding carving out of shares for allotment to parties. The parties to this petition are descendants of one Bhagwandin Parate. He dies intestate leaving behind him four sons viz., Bansilal, Bhaiyalal, Kunjilal and Babulal. According to parties, each one got ¼ share in the property left behind by deceased Bahgwandin. One son of Bhagwandin by name Bansilal expired in 1962 l
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