IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J.
Shri. Ananda Sakharam Padalkar - Petitioner
Versus
Shri. Sachin Maruti Koli and ors. – Respondents
Writ Petition No.8100 of 2018
Decided On : 26-02-2020
Constitution of India,1950 - Article 227 - Maharashtra Tenancy and Agricultural Lands Act, 1948 - Sections 76, 32-O, 74, 32G, 63A, 32Q and 32P - Seeking resumption and disposal of the suit land not purchased - Agreement - suit land - Pertaining to the lis between the parties is stated at the outset - Disputed land between the petitioner and respondents is land bearing Survey assessed at situated at village suit land was originally owned by the predecessor of respondents namely - Respondent are the present landlords of the suit land to extent of 50% of the share holding therein - petitioner suit land was let out to petitioner’s father namely by an agreement and receipt by predecessor in title of respondents. It is the further case of petitioner land was cultivated by the petitioner’s father until his demise and thereafter it is petitioner who is cultivating the suit land as tenant thereof – Held, Concurrent findings returned and Agricultural Lands Tribunal and the first Appellate Authority i.e. Sub-Divisional Officer have been correctly upheld by the Tribunal i.e. the Revisional Authority and I find no reason to disagree or digress from same - Concurrent findings returned by the Tahsildar and Agricultural Lands Tribunal and the first Appellate Authority i.e. Sub-Divisional Officer have been correctly upheld by the Tribunal - Revisional Authority and no reason to disagree or digress from the same - Writ petition is therefore dismissed with no order
JUDGMENT :-
1. By the present petition fled under Article 227 of the Constitution of India the petitioner has challenged the legality and propriety of the judgment and order dated 12th March 2018 passed by the Maharashtra Revenue Tribunal, Bench at Pune (hereinafter referred to as “the Tribunal”) in Revision Application No.SS/II/2/2015 fled under the provisions of Section 76 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as “the Act”). The order dated 12th March 2018, inter aila, affirms and confirms the judgment and order dated 16th September 2013 passed by the Tahsildar and Agricultural Lands Tribunal, Shirala in proceedings bearing No.32G/Suit No.3/2010 under the provisions of Section 32-O of the Act and judgment and order dated 23rd January 2015 passed by the Sub-Divisional Officer, Walva Division at Islampur in Appeal proceedings bearing No.04 of 2013 under the provisions of Section 74 of the Act. The aforesaid three proceedings have been fled before the statutory authorities by the petitioner and the petitioner is faced with three concurrent orders passed under the provisions of the Act.
2. The relevant facts pertaining to the lis between the parties is stated at the outset. The disputed land between the petitioner and respondents is land bearing Survey No.331/9 (old Survey No.582/9) admeasuring H.00.75R, P.K.0.02 assessed at Rs.2.06 situated at village Mangale, Tal. Shirala (hereinafter referred to as “the suit land”). This suit land was originally owned by the predecessor of respondents namely one Valmiki Krishna Koli. The respondent Nos.1 to 3 are the present landlords of the suit land to the extent of 50% of the share holding therein.
3. It is the case of the petitioner that the suit land was let out to the petitioner’s father namely Shri Sakharam Rama Padalkar for jirayat crops by an agreement and receipt dated 14th June 1950 by the predecessor in title of the respondents. It is the further case of the petitioner that since 1950 the suit land was cultivated by the petitioner’s father until his demise and thereafter it is the petitioner who is cultivating the suit land as tenant thereof.
4. The original owner of the suit land namely Valmiki Krishna Koli during his lifetime transferred the suit land in the name of his son Maruti Valmiki Koli which was effected by mutation entry No.12095. After the demise of Shri Maruti Valmiki Koli, the name of respondent Nos.1 to 3 came to be mutated against the suit land by mutation entry No.26446 dated 16th December 2006.
5. In the year 2010, the respondent Nos.1 to 3 fled an application under the provisions of Section 32P of the Act for seeking resumption and disposal of the suit land not purchased by the tenant before the Tahsildar and Agricultural Lands Tribunal.
6. It is the respondents’ case that the petitioner had not paid rent regularly nor exercised his right to purchase within the stipulated period as prescribed under the Act and therefore sale of the suit land under the provisions of Section 32-O had become ineffective before the Tahsildar. In reply to the aforesaid application (which was numbered as No.32/G/Case No.3/2010), the petitioner preferred a counter claim dated 29th November 2010 under the provisions of Section 32G of the Act seeking grant of tenancy rights in respect of the suit land before the Tahsildar and Agricultural Lands Tribunal, Shirala. The respondent Nos.1 to 3 contested the counter claim of the petitioner on merits before the Tribunal as also pressed their application under Section 32P of the Act.
7. By a common judgment and order dated 16th September 2013 the Tahsildar and Agricultural Lands Tribunal, Shirala allowed the application fled by the respondents under Section 32P of the Act and dismissed the application fled by the petitioner under Section 32-O of the Act.
8. Being aggrieved the petitioner preferred app
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.