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2011 Supreme(Bom) 577

B.P.DHARMADHIKARI
Amrutrao S/o Shankarrao Deshmukh – Appellant
Versus
Laxman S/o Tulshiram Pawar – Respondent


Advocates Appeared:
For the Petitioners:Sachin S. Deshmukh, Advocate.
For the Respondents:R1, P.R. Patil with S.W. Mundhe, R7, Bhadekar, Advocates, R2 to R6, Mrs. V.A. Shinde, Learned AGP.

Judgment :-

1. By this Petition filed under Art. 227 of the Constitution of India the challenge is to orders dated 7/2/1997 passed by Respodt. 2-Additional Divisional Commissioner in case no. 1997/Rev/R/15 & also to order dated 27/11/1996 of Respodt. 3- Additional Collector (Land Reforms) in Appeal with number 1993/CD/1/Appeal/46 which was assailed in said Revision. Consequential orders of Talathi dated 21/3/1997 implementing these orders are also assailed. It will be first proper to note facts in which these orders came to be passed & then the background facts which give rise to this challenge.

2. Perusal of R-3's order dated 27/11/1996 shows that deceased R-1 Laxman herein was the Applicant/Appellant before said authority. The proceedings began before R-4 Sub divisional Officer, Ambajogai. The report dated 2/8/1996 submitted by SDO Ambajogai came to be accepted by that order & mutation entries 1821, 1888 & 1927 certified on 3/9/1981, 26/9/1982 & 18/5/1983 of village Parli to the extent it related to land survey no. 499EE , area 3 acres ,were cancelled. The revenue authorities were directed to recover occupancy price from Laxman & to mutate his name against said land. Petitioners r



























































































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