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 by the inamdar without prior permission of the competent authority, proceedings were initiated under section 59 of the Maharashtra Land Revenue Code, 1966 (for short, "the MLR Code"), for removal of the petitioners from the said land. It appears that such suo motu proceedings were dropped for the reason that the competent authority came to the conclusion that the relevant provisions of the Bombay Inferior Village Watans Abolition Act, 1958 (for short, "the Bombay Watans Abolition Act") were not breached by the petitioners. One year thereafter, the competent authority again suo motu initiated the proceedings for summary eviction of the petitioners on the ground that they were in an unauthorised possession of the two (2) parcels of the land which could not be alienated in their favour by the inamdar without prior permission of the competent authority. By order dated 2nd August, 1979, restoration of the possession was ordered by the Tahsildar. That order was challenged by the petitioners. The petitioners were eventually dispossessed from the said lands. They had preferred writ petition No. 711A/1982 and writ petition No.118/1983. A Division Bench of this Court disposed of the said writ petitions by order dated 28th August, 1990. The Deputy Collector, Udgir was directed to hear the parties and decide the appeal afresh. It was thereafter that the appeal was de novo\iO heard and decided by the Deputy Collector (Land Reforms). This de novo decision, whereby the appeal came to be dismissed, is under challenge by way of the present petition.

4. Heard learned counsel for the parties.

5. Question involved in the present petition is :

"Whether the petitioners are liable to be evicted from the lands in question in pursuance to the proceedings under section 59 of the MLR Code ?"

6. Section 59 of the MLR Code provides for a speedy remedy of summary eviction under certain circumstances. Section 59 reads as follows:

"59. Summary eviction of person unauthorisedly occupying land :- Any person unauthoriscdly occupying, or wrongfully in possession of any land(a) to the use or occupation of which by reason of any of the provisions of this Code he is not entitled or has ceased to be entitled, or (b) which is not transferable without the previous permission under sub-section (2) of Section 36 or by virtue of any condition lawfully annexed to the tenure under the provisions of Section 31, 37 or 44, may be summarily evicted by the Collector."

7. Perusal of section 59 would make it explicit that sub-clause (a) of section 59 would be attracted in case it is proved that use or occupation of the land, under any specific provision of the MLR Code, is prohibited and the person is not entitled to utilize the same. Sub-clause (b) of section 59 is attracted when there is non-transferabili