Manish Pitale, J.

1. Heard. Rule. Rule made returnable forthwith. Learned counsel Mr. Prathamesh Bhargude waives service for Respondent No. 5. By consent of the parties, petition is taken up for final hearing.

2. The question that arises for consideration in this writ petition is – as to whether the application submitted by Respondent No. 5 under Section 32 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter referred to as the “said Act”) for reopening of consolidation proceeding, that attained finality in the year 1971, could be said to be within limitation, and whether such a proceeding before Respondent No. 4 – Dy. Superintendent of Land Records was maintainable.

3. The Petitioners are agriculturists, whose names are recorded in the record of rights pertaining to lands situated in Gat Nos. 1153, 1646 and 1647/1 at village Kasba Aalte, taluka Hatkanangale, district Kolhapur. The consolidation proceeding pertaining to the said lands attained finality on publication of such scheme in the Government Gazette on 4.3.1971, which was brought into effect on 29.3.1971. The revenue record was mutated in terms of the said scheme on 9.2.