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2011 Supreme(Bom) 1183

R.V.MORE
Ganpati Dadu Mali – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:G.R. Rege with S.M. Railkar, Advocates.
For the Respondents:R1 & R3, A.I. Patel, AGP, R4A & R4D, S.B. Deshmukh, Advocates.

Judgment :-

1. The petitioners by this petition under Article 227 of the Constitution of India challenges the orders contained in Letter dated 2nd February, 1990 as well as Notice dated 3rd March, 1990 issued by respondent no.3 and respondent no.2 respectively under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter for the sake of brevity referred to as “the Act”).

2. The brief facts giving rise to the present petition are as follows:-

The dispute is about the land, Survey No.349, Hissa No.7 admeasuring 18 gunthas of Village - Lengare, Taluka Khanapur, District : Sangli, now forms part of Gat No.1316 (hereinafter for the sake of brevity referred to as “the suit land”). In the Village Lengare, the Consolidation Scheme under the Act was made applicable in the year 1970. Notices to the parties under Section 15A of the Act were issued on 8th June, 1970. The Consolidation Officer recorded statements as agreed by concerned Khatedars on 10th November, 1970. The revised statements of six khatedars were also recorded on 2nd January, 1971. These statements are signed by the petitioners' father as well as respondent no.4. Under these st


















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