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2010 Supreme(Bom) 998

V.R.KINGAONKAR
Bhagwantrao AND Bhagwan AND Bhagwat s/o. Mahadu Munjane – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mrs. M. D. THUBE-MHASE, Advocate for the Petitioners.
Mr. N. H. BORADE, A.G.P. for the Respondents No.1 to4.
Mr. S. V. CHANDOLE, Advocate holding for Mr.
V. G. SAKOLKAR, Advocate for the Respondent No.5

JUDGMENT

Challenge in this petition is to judgment and order rendered by learned Deputy Collector (Land Reforms), Udgir, in the proceedings under section 59 of the Maharashtra Land Revenue Code, 1966.

2. Subject matter of the dispute is agricultural land bearing Survey No.69/l (now consolidated as Gut No.77), admeasuring 23 acres 9 gunthas, situated at village Nalegaon, under the then Ahmedpur Tahsil and now under Chakur Tahsil.

3. There is no dispute about the fact that the land in question was an inferior. One Rama was the original inamdar. The inam was abolished on 1st February, 1962 as provided under the Bombay Inferior Village Watans Abolition Act, 1958. The inam land was regranted in favour of the inamdar on payment of occupancy price. The inamdar deposited occupancy price vide the challan on 5th February, 1965. The petitioners lateron purchased two (2) fragments out of the inam land, one comprising of7 acres area and another comprising of 3 acres 20 gunthas area under two (2) different sale-deeds executed by the inamdar. There is no dispute about the fact that prima facie permission was not obtained for effecting the sale transactions. Since both the sale-deeds were executed





















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