The main legal point established in the judgment is that the compliance with the provisions of the Maharashtra Land Revenue Code, particularly regarding the publication of draft notifications and consideration of objections, is crucial in the creation of separate revenue villages.

JUDGMENT

S.G. Chapalgaonkar, J. - By way of present writ petition under Article 226 of the Constitution of India, the petitioner is seeking declaration that the impugned notification dated 07-11-2017 issued by the respondent No. 4 i.e. the Additional Collector, Ahmednagar, Dist. Ahmednagar is bad in law and contrary to the provisions of Section 4 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as "the Code" for the sake brevity) and Section 24 of the Bombay General Clauses Act.

2. The petitioner is also seeking declaration that the impugned order dated 23-08-2018 passed by the respondent No. 4 i.e. Additional Collector, Ahmednagar in file No. Rev/Office/Land-1B/OA/ Maha./Village/158/2018 and the notification dated 31-08-2018 in file No. Rev/Office/Land-1B/1627/2018 issued by the respondent No. 4 is contrary to the provisions of law.

3. The petitioner further seeks issuance of writ of certiorari to quash and set aside the impugned notification dated 07-11-2017 as well as the impugned order dated 23-08-2018 and draft notification dated 31-08-2018.

4. The case of the petitioner is that the Government of Maharashtra vide order dated 31-12-1989 allotted the land from Gut No. 52/1 for rehabilitation of 179 persons belonging to backward class. The plot area admeasuring around 1 Are was allotted to each of the beneficiaries subject to certain terms and conditions. The land is a part of revenue village, Limpangion and known as Joshi Vasti.

5. The respondent No. 8 moved an application dated 30-01-2015, to carve out Joshi Vasti having population of about 2000 to 2500 including 500 to 600 voters from village Limpangaon and create separate revenue village and Gram Panchayat. In pursuance of the application, the Collector, Ahmednagar/Respondent No. 3 issued instructions for conducting the enquiry and to submit a report. The Circle Officer, Kasti, Tal. Shrigonda submitted his report dated 16.05.2016 to Tahsildar along with a resolution of village panchayat, Limpangaon for formation of Joshi Vasti as a separate Gram Panchayat and revenue village. The respondent No. 6/Tahsildar, Shrigonda forwarded the said report to the Sub Divisional Officer/respondent No.5.

6. The respondent No. 4 issued a notification dated 07-11-2017 in tune with section 4(1) of the Code thereby calling upon objections in requisite format from general public till 23-11-2017. The notification was published on notice board of Tahsil office at Shrigonda as well as the office of village panchayat at Limpangaon. However, the controversy arose in respect of the manner of publication of the notification dated 07-11-2017. The objection was raised that no such publication was made till 06-12-2017. The report submitted by Talathi regarding compliance of directions regarding publication of notice was disputed. In view of various objections received from the villagers as well as the Shrigonda Sugar Factory, the respondent No.3/Collector directed to cause the enquiry regarding the objections in the office of respondent No.4. The hearing of all stakeholders was conducted. During such hearing, the written objections submitted by the stakeholders were discussed. After deliberations respondent No.5 / Sub Divisional Officer forwarded his recommendations for formation of Joshi Vasti as a separate revenue village. Based on the enquiry report submitted by respondent No 5, Additional Collector, Ahmednagar rejected objections vide order dated 23-08-2018. Consequently, final notification dated 31-08-2018 under section 4(4) of the Code was issued thereby creating Joshi Vasti as a separate revenue village.

7. The petitioner raises challenge to the draft notification dated 07-11-2017 issued in tune with section 4(1) of the Code by the Additional Collector, Ahmednagar as well as the final notification dated 31-08-2018 issued under section 4 (4) of the Code thereby carving out Joshi Vasti as a separate Gram Panchayat and the revenue village. It is the contention of the petitioner that th