JUDGMENT :-

1. Heard. Rule. The Rule is made returnable forthwith. With the consent of all the parties, the matter is heard finally at the stage of admission.

2. The question that is to be answered in this Writ Petition under Article 226 and 227 of the Constitution of India is as to whether in the facts and circumstances, the Settlement Commissioner should have ordered variation of the scheme under the provisions of Section 32 the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1948 (herein after ‘the Consolidation Act’).

3. The facts as are essential for decision of the Writ Petition may be summarized as under :

For the purpose of consolidation of lands in the village Savargaon, Taluka Shirur Anantpal, District Latur, a survey was carried out in the year 1970-71. The Scheme under Section 21 of the Act was finalized on 31.03.1990. The petitioners’ father, the predecessor of the respondent No. 5 Pandharinath Tulshiram Shelke and few other persons were the owners in possession of different portions of the land Survey No. 1. According to the Scheme, the different