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2022 Supreme(Bom) 1691

MANGESH S. PATIL, SANDEEP V. MARNE
Shakuntalabai W/o Gopichand Dhaktode – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mrs. Kalpalata Patil Bharaswadkar, Advocate
For the Respondent:Shri S.B. Yawalkar, Shri V. D. Sapkal, Senior Advocate i/by Shri S.S. Tope, Advocate

JUDGMENT :

Sandeep V. Marne, J.

Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

THE CHALLENGE

2. The petitioners assail order dated 12.05.2015 passed by the Collector, Jalna thereby confirming the order passed by the then Assistant Collector, Jalna on 13.03.1991 for resumption of land allotted to them. They also challenge orders dated 17.11.2008 06.11.2009 allotting the land in favour of the respondent No. 7.

FACTUAL MATRIX

3. The case involves checkered history. One Vithoba Dhaktode was allotted land out of Sy. No. 488 for cultivation under “Grow More Food Scheme”, the objective of which was to bring barren land under cultivation by allotting the same to the landless persons. It is claimed that Vithoba brought the land which was otherwise rocky, dry and barren under cultivation through his onerous labour. Vithoba died on 28.04.1989 and names of his legal heirs were brought on record by mutation entry dated 19.08.1989.

4. On 13.03.1991, the then Assistant Collector, Jalna passed common order against 31 persons for resumption of various lan

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