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2011 Supreme(Bom) 1176

S.S.SHINDE
Gorakh S/o Bhagwan @ Ganpati Jaybhay – Appellant
Versus
The Sub-Divisional Officer – Respondent


Advocates Appeared:
For the Petitioners:N.V. Gavare, Advocate.
For the Respondents:R1 & R2, D.R. Kale, AGP, R3 & R7, P.D. Ghorpade, Advocate.

Judgment :

1. Rule. Rule made returnable forthwith. By consent of the learned counsel appearing for the parties, the present matter is taken up for final hearing and disposal at the stage of admission itself.

2. This Writ Petition is filed challenging the judgment and order dated 01.11.2010, passed by the learned Member, Maharashtra Revenue Tribunal, Aurangabad, in Revision Petition NO. 6/B/2010/AN.

3. The particulars and events which are disclosed by the petitioner in this petition are as under.

The agricultural land bearing Gut No. 680(Old Survey No. 296) admeasuring 4H.23 R situated at village Telangshi, Tq. Jamkhed, District Ahmendagar, was initially owned and possessed by one Maruti Babu Jaybhaye. Maruti Babu Jaybhaye died on 13.7.1955 and the name of his legal heir, namely, Bhagwan @ Ganpati S/o Maruti Jaybhaye was recorded in the 7/12 extract vide mutation entry No.2300.

It is further contended that the said Bhagwan @ Ganpati is the father of petitioner and he was in actual possession of the suit land and accordingly was cultivating the same. Nobody was inducted as tenant for the suit land. The false entry was recorded in other rights column of Maruti Dhondi Jaybhaye as the















































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