1. Rule. Mr.Rayrikar, learned A.G.P. waives service for the respondent nos.1 to 5. Mr.Bhowmik waives service for the respondent no.6. By consent of parties, the writ petition is heard finally.

2. By this petition filed under Article 227 of the Constitution of India, the petitioners have impugned the order dated 8th March, 2018 passed by the learned Revenue Minister, State of Maharashtra, dismissing the revision application filed by the petitioners and confirming the order passed by the learned Additional Commissioner, who had set aside the order dated 29th December, 2015 passed by the learned Deputy Collector declaring the mutation entry no.2560 in favour of the petitioners as legal and valid. Some of the relevant facts for the purpose of deciding this petition are as under :

3. Late Fanindranath Dhamidhar Bhowmik was the owner of the land bearing survey no.423 admeausring 3-H 41-R situated at village Somatane, Taluka Maval, District Pune. The said Fanindranath Dhamidhar Bhowmik executed a will and bequeathed the suit property to his wife Smt.Usha Fanindranath Bhowmik, who is the grand mother of the respondent no.6. The said Fanindranath Dhamidhar Bhowmik expired on 23rd June, 1999 and was survived by his wife. It is the case of the petitioners that after the demise of Fanindranath Dhamidhar Bhowmik, Smt.Usha Fanindranath Bhowmik became the exclusive lawful owner of the said property by virtue of the said Will. The name of the said Smt.Usha Fanindranath Bhowmik came to be recorded in the 7/12 extract in respect of the said land.

4. On 9th August, 2004, the said Smt.Usha Fanindranath Bhowmik executed a Development Agreement with the petitioners and one Mr.Raosaheb Baburao Tanpure and Beena Raosaheb Tanpure in respect of the said property on the terms and conditions set out therein. The said Smt.Usha Fanindranath Bhowmik also executed two power of attorneys both dated 4th August, 2004 in favour of the petitioners in respect of the said property. It is the case of the petitioners that the petitioners and other two persons i.e. Mr.Raosaheb Baburao Tanpure and Beena Raosaheb Tanpure paid the entire consideration of Rs.30,00,000/- to Smt.Usha Fanindranath Bhowmik under the said development agreement in respect of the said property. The said development agreement as well as two power attorneys were duly registered.

5. It is the case of the petitioners that under the said development agreement entered into between the petitioners and the two others and the said Smt.Usha Fanindranath Bhowmik, the petitioners were entitled to the execution of a proper deed of conveyance to get the title deeds transferred in respect of the said property.

6. On 15th January, 2009, the said Smt.Usha Fanindranath Bhowmik expired. The respondent no.6, who is the grand-son of Smt.Usha Fanindranath Bhowmik placed reliance on the alleged Will dated 28th January, 2008 and alleged that under the said Will, the said Smt.Usha Fanindranath Bhowmik had bequeath the right, title and interest in the said property in favour of the respondent no.6. On the basis of the said Will, the respondent no.6 got his name entered in the record of rights in respect of the said land.

7. On 14th July, 2010, the petitioners exercised the powers under the power of attorneys dated 9th August, 2004 executed by Smt.Usha Fanindranath Bhowmik and executed a deed of conveyance in respect of the said land in favour of the petitioners. The said deed of conveyance was also registered with the Registrar of Assurances. The names of the petitioners were thereafter added in the revenue records vide mutation entry no.2560 on 24th September, 2010. It is the case of the petitioners that the learned Collector thereafter passed an order on 18th October, 2010 allowing the application of the petitioners for the use of the said land for nonagricultural purpose.

8. The respondent no.6 filed an appeal bearing No.Appeal/Pune/157/2010 before the learned Collector, Pune Division challenging the said order