R.M. Savant, J.

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

2. The Writ Jurisdiction of this Court under Article 226 and 227 of the Constitution of India is invoked against the order dated 16-8-1993 passed by the Maharashtra Revenue Tribunal (MRT for short) holding that no revision lies against the order passed under Section 88-B and the MRT therefore directed the application to be returned to the Applicant for presentation to the proper authority. The Petitioners were the Applicants before the MRT in the said revision proceedings. The Petitioners claim to be the tenants of the land bearing survey Nos. 235 and 234 totally admeasuring 2 Hectors and 46 Ares situated at Kasbe Karad Taluka Karad, District Satara. The Respondent No. 1 is a public trust who had filed an application under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1946 (for short the said Act), seeking exemption certificate as postulated in the said Section. The Petitioners had filed their reply to the said application. The Sub Divisional Officer allowed the said application filed by the Respondent No. 1 by his order dated 23-4-1993 and thereby made the Respondent No. 1 trust entitled to the certificate under Section 88-B of the said Act. The Petitioners aggrieved by the said order dated 23-4-1993 preferred a Revision Application before the MRT which was numbered as MRT/NS/7/3/1993. The MRT as indicated above disposed of the said application on the ground that a revision would not lie against the certificate granted under Section 88-B of the said Act. The issue which therefore arises for consideration is as to whether a notice is required to be given to the tenants in a proceeding under Section 88-B of the said act and whether a Revision would lie against the certificate issued under Section 88-B.

3. The said issue had come up before a Learned Single Judge of this Court in the case of Shrimant Jagdeorao Anandrao Pawar Vs. Kisan Namdeo Pawar & Ors. 1979 Mh. L.J. 687 The Learned Single Judge B.A. Masodkar, J. (as His Lordship then was) held that in so far as the proceedings under Section 88-B is concerned, the same are between the Collector and the Trust and there is no lis in so far as the tenants are concerned. The Learned Judge held that no notice is therefore required to be issued to the tenants in respect of the proceedings under Section 88-B. The Learned Judge relied upon the Judgment of the Apex Court in Maneksha Ardeshir Irani Vs. Manekji Edulji Mistry AIR 1974 SC 2123 The issue had once again come up before a Division Bench of this Court in the case of Kerba Dattu Borachate & Ors. Vs. Sheshashai & Vishnu Trust 1990 MhLJ 1183. The Division Bench comprising of M.L. Pendse and M.F. Saldanna JJ. (as their Lordships then were) held that the reliance placed by the Learned Single Judge in Shrimant Jagdeorao Pawar on the Judgment of the Apex Court in Ardeshir Irani's case was not accurate. The Division Bench held that observations were made by the Apex Court in the peculiar facts of the said case before it and it is not possible to conclude that the Apex Court intended to lay down that in the inquiry conducted by the Collector under Section 88-B(2) of the said Act, it is not necessary to serve any notice upon the tenants whose valuable property rights would be destroyed by the grant of exemption certificate. It is in the said circumstance that the Division Bench therefore observed that the reliance placed on the decision of the Apex Court in Maneksha Ardeshi Irani's case by the Learned Single Judge in Shrimant Jagdeorao Pawar's case was not accurate. The Division Bench concluded that the Collector was bound to issue notice to the tenants of the agricultural lands before holding an inquiry and must permit the tenants to participate in the inquiry proceedings under Section 88-B of the said Act, meaning thereby that there is a lis between the tenants and the landlord in so far as the proce