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2023 Supreme(Bom) 1373

SANDEEP V. MARNE
Santosh Namdeo Koli – Appellant
Versus
Bhanudas Yesu Gadade – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ajay A. Joshi.
For the Respondents: S.S. Patwardhan, A.P. Vanarse.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule made returnable forthwith. With the consent of the learned counsels for the parties, petition taken up for final hearing.

2. By this petition, Petitioners challenge order dated August 21, 2019 passed by the District Superintendent of Land Records, Solapur thereby condoning the delay in filing Appeal for correction of area of Respondent’s land under the Consolidation Scheme.

3. Briefly stated, facts of the case are that the land bearing Survey No. 115 admeasuring 27 Hectares 6 Gunthas was originally owned by Hari G. Koli. Out of that area, land admeasuring 8 Acres 26 Gunthas was purchased by Yesu Gadade by sale-deed dated June 30, 1968. Respondent is the son of Yesu Gadade, who died in the year 1972. The Consolidation Scheme was implemented in the village in the year 1964-65. Under the Consolidation Scheme, the land at by which Survey No. 115 was given Gat No. 424. Accordingly, Mutation Entry no. 1008 was effected and the area of Respondent’s land at Gat No. 424 was erroneously stated as 2 Hectares 89 Ares instead of 3 Hectares 47 Ares.

4. It appears that in the year 1993, the Respondent applied to the Tehsildar for area correction of land at

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