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2021 Supreme(Bom) 393

N.J.JAMADAR
Sanjeev Babaram Vichare – Appellant
Versus
Hon’ble State Minister for Revenue, Maharashtra State – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Pradeep D. Dalvi i/b Mr. Ramdas Hake Patil
For the Respondent: Mrs. M.S. Bane, AGP, Mr. Surel Shah i/b Mr. Sachin K. Hande

JUDGMENT :

1. Rule. Rule made returnable forthwith and, with the consent of the counsels for the parties, heard finally.

2. This petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of the orders dated 14th January 2019 and 29th July 2019, passed by the Minister (Revenue) in RTS-2818-P.K. 583/J-4A, whereby the Minister was persuaded to condone the delay in preferring the appeal, by the order dated 14th January 2019, and eventually allow the revision and set aside the orders passed by the Deputy Director, Land Records, Kokan Division, Mumbai-respondent No.2, ordering the modification of the scheme under section 32 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (‘the Consolidation Act, 1947’).

3. Shorn of unnecessary details, the background facts, can be stated as under :

    (a) Kamlini Liladhar Kelkar, the predecessor-in-title of petitioner No.3-Liladhar Kelkar was the original holder of agriculture land bearing Gat No. 540, old survey No.51, admeasuring 4 H 58 R (‘the subject land’). Out of the said land, the deceased respondent No.23-Inayutulla Jalal purchased an area admeasuring 2H, 2 R

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