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 were in possession of the suit I being their ancestral property, however the record indicated that the lands shown as Government lands. In view thereof, the petitioners had immediate made an application dated 6th July, 1995 to the Collector of Pune, se necessary changes in the Revenue Record.

3. In pursuance of the said application, the Collector of Pune - respondent No.2 herein had directed by its letter dated 11th September, 1995 to Divisional Officer of Maval to inquire into the matter and submit a report. Sub Divisional Officer, in turn, by his letter dated 27th September, 1995 director the Tahsildar, Maval to inquire into the matter and submit a report. concerned Tahsildar at Maval submitted the report on 6th October, 199 requested that the matter should be inquired in accordance with the provision section 20(2) of the Maharashtra Land Revenue Code, 1966. The petitioners thereafter made an application through its power of attorney holder to Revenue Minister on 19th July, 1995. In pursuance thereto, the Hon’ble Re Minister directed respondent No.2, by a communication dated 24th January 1996 directing the Collector respondent No.2 herein to inquire into the ma accordance with the provisions of section 20(2) of the Maharashtra Revenue Code, 1966 and submit a report within 15 days. As no report submitted, again a reminder was sent on 20th February, 1996 .

4. Accordingly, the Sub Divisional Officer, after the inquiry, submit report dated 19th March, 1996 mentioning therein that the lands at Surcey 138 and 154 of village Nandgaon belonged to the petitioners and it is ancestral property and the same should be restored to them in accordance the provisions of the Bombay Merged Territories Miscellaneous Alie Abolition Act, 1955. Again on 25th July, 1996 a letter was sent to the Col respondent No.2 herein by the Revenue and Forest Department directing take further steps for restoring regnant of land to the petitioners herein.

5. In the year 1997, the Honble Minister of Forests and Revenue, letter dated 15th February, 1997 asked the District Collector, Pune to whether the provisions of the Mumbai Merged Territories Miscellaneous Abolition Act, 1955 would apply to the suit lands. As no report came from District Collector, a reminder was again sent. Finally, the Honble Revenue Minister, by his communication dated 28th August, 1997 directed the concerned Officer to remain present along with his entire record.

6. The Department of Revenue again sent a letter on 27th October, 1 respondent No. 2- Collector herein directing him to take immediate steps is subject-matter of regrant of lands to the petitioners and submit a com report to it. The Collector-respondent No. 2 herein requested communication letter dated 9th January, 1998 seeking specific direction regrant