1. Rule. With the consent of the learned Counsel appearing for the parties made returnable forthwith and heard.

2. The Writ Jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 7-8-2013 passed by the Hon'ble Minister for State for Revenue by which order, the Appeal filed by the Respondent Nos.4 and 5 herein came to be allowed and resultantly the order dated 30-1-2013 passed by the Deputy Director Land Records, Pune Region, Pune, came to be set aside.

3. The facts necessary to be cited for adjudication of the above Petition can be stated thus:

4. The instant proceedings have arisen out of the application filed by the Respondent Nos.4 and 5 herein being Revision Application No.523 of 2009 for re-measurement of Survey No.254/2 situated at Mouje Hingangaon (Shindewadi) Tal Kavthemahankal, Dist Sangli. By virtue of the said application the Respondent Nos.4 and 5 were seeking modification in the Consolidation Scheme which has been implemented in the Village in question in the year 1970. The relief sought by way of the application filed by the said Respondents was that their names should recorded in respect of the land admeasuring 80 Ares in Survey No.254/2 situated at the said Village Hingangaon (Shindewadi). The application filed by the Respondent Nos.4 and 5 therefore impinges upon the consolidation scheme relating to the land bearing Gat No.355 old Survey No.254/2 situated at Village Hingangaon (Shindewadi). It was the case of the Respondent Nos.4 and 5 that the said 15 Gunthas was the excess land to which the Petitioners were not entitled to. It was the case of the Respondent Nos.4 and 5 that the said land came to be wrongly entered in the name of the Petitioners in view of the fact that the Respondent Nos.4 and 5 were not in the village on account of the exigencies of their employment. It was further the case of the Respondent Nos.4 and 5 that they were not present when the statement were recorded by the consolidation officer and that in their absence the consent was recorded by the consolidation officer and thereafter the land in excess was recorded in the name of the Petitioners, the same was only on paper as the Respondents Nos.4 and 5 continued to be in possession and there was actually no change on the site. The Respondent Nos.4 and 5 therefore by the said application sought the relief that the District Superintendent of Land Records, Pune to transfer the land admeasuring 15 gunthas from Gat no.354 to 355 in the said village Hingangaon (Shindewadi). The Petitioners herein opposed the said application by filing their Written Statement. It was the case of the Petitioners that it is after scrutinizing the entire record that the mutation entry has been recorded. It was the case of the Petitioners in the Written Statement that the consolidation officer after the spot visit has prepared the record and has accordingly recorded the mutation entry No.5241 in the name of the Petitioners in respect of 97 Gunthas of land. It was the case of the Petitioners that a partition had taken place between their ancestors Kedari Mirje and Dnyanu Mirje. In so far as Kedari Mirje is concerned, in the said partition land 65 ares was allotted to Kedari Mirje and land admeasuring 96 ares was allotted to Dnyanu Mirje. The Respondent Nos.4 and 5 claimed through the said Kedari Mirje where as the Petitioners claimed through the said Dnyanu Mirje. It was further the case of the Petitioners that the parties had signed before the consolidation officer pursuant to which the guts were prepared in accordance with their possession. It was further the case of the Petitioners that the Respondent Nos.4 and 5 were not entitled to the land admeasuring 80 Ares and since the inception the Respondent Nos.4 and 5 are entitled to 65 Ares which they are in possession of. The Petitioners had also averred in the Written Statement that in view of the interference in their possession by the Respondent Nos.