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2020 Supreme(Bom) 13

ROHIT B.DEO
Padmabai Narayan Chaudhary – Appellant
Versus
Deputy Director of Land Records, Aurangabad Region, Aurangabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:D.P. Palodkar, Advocate.
For the Respondents:N.T. Bhagat, Asstt. Govt. Pleader, R.K. Bhakde, Advocate.

JUDGMENT :

1. Rule. Rule is made returnable forthwith. Heard finally with consent of the parties.

2. The petitioners are assailing the order dated 28th May 2012 rendered by the Deputy Director, Land Records, Aurangabad Region, Aurangabad – respondent 1 herein, (Exhibit ‘E’), and the order dated 15th July 2014, rendered by the respondent 1, (Exhibit ‘H’) in purported exercise of power under Section 32(3) of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (for short “The Act”).

3. The petitioners contend that the subject matter is original survey 40 situated at village Shelud Taluka and District Aurangabad. Survey 40 was divided into four parts, to wit, survey 40/1 admeasuring 6 acres 15 gunthas, survey 40/2 admeasuring 6 acres 15 gunthas, survey 40/3 admeasuring 6 acres 15 gunthas and survey 40/4 admeasuring 6 acres 14 gunthas.

4. The petitioners contend that in the year 1969, a consolidation scheme was implemented at village Shelud. The lands were consolidated taking into consideration the quality of soil, the convenience of the parties and other rele

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