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2006 Supreme(Bom) 1286

V.M.KANADE, S.RADHAKRISHNAN
KRISHNA VISHNU DESHMUKH – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocate Appeared

For petitioners: S. G. Karandikar

For respondent Nos. 2 and 3: V. P. Malvankar, A.G.P.

JUDGMENT

DR. S. RADHAKRISHNAN, J. :- By this petition, the petitioners are challenging the order dated 17th October, 2002 passed by the Honble Revenue lster of State of Maharashtra being respondent No. 1 herein.

2. Heard the learned Counsel for the petitioners and the learned A.G.P. for respondent Nos. 2 and 3. The respondent No.1 though duly served, remained nt. The brief facts are, that the petitioners are claiming that their ancestors the owners of lands Survey Nos. 138 and 154 at village Nandgaon, Taluka aI, District Pune. It appears that the lands were allotted to forefathers of the petitioners in the year 1885. Sometime in the year 1922, the names of the stors of the petitioners were deleted and the suit lands were shown as moment lands. However, it appears that no notice was given to the ancestors e petitioners. Being the ancestral property, the petitioners continued to cultivate the said lands and even in the year 1956, the ancestors of the petitioners were shown as "Kabjedar" i.e. they were shown in possession. In the year I the petitioners came to know that though they













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