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2011 Supreme(Bom) 313

S.S.SHINDE
Bhaurao Saluba Ekande – Appellant
Versus
Punjabrao Rangrao Chavan – Respondent


Advocates Appeared:
For the Petitioners:S.S. Bora, h/f S.C. Bora, Advocates.
For the Respondents:A.A. Joshi, Advocate.

Judgment :

This writ petition is filed challenging the judgment and order passed by the Maharashtra Revenue Tribunal, Aurangabad on 19th February, 1992. The petitioners filed R.C.S. No. 63/1977 in the Court of Civil Judge Junior Division, Ambad against the respondents for permanent injunction. The injunction was sought against the interference by the respondents in the rights of the petitioner in using well water. In the said suit, issue was framed whether the petitioner No. 1 had become the owner of the said well under the provisions of Section 38E of the Hyderabad Tenancy Act. Reference was made U/Sec. 99A of the Tenancy Act to the Tahsilder for deciding the said issue. Additional Tahsildar decided the issue against the petitioners. The petitioners filed appeal before the Deputy Collector. The Deputy Collector upheld the order of Additional Tahsildar. The revision was filed before the Maharashtra Revenue Tribunal, Aurangabad. Said revision was allowed and matter was remanded back to the Deputy Collector for fresh decision. On remand Deputy Collector again negatived the contention of the petitioners by upholding the order of Additional Tahsildar. The petitioner again challenged the




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