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2023 Supreme(Bom) 1492

SANDEEP V. MARNE
Barku Govind Walve – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Saurabh M. Railkar
For the Respondent: Mr. P.P. Pujari, Mr. Girish Agrawal a/w Mr. Shubham Jangam,

JUDGMENT :

1. Rule. With the consent of the learned Counsel for parties, Rule is made returnable forthwith.

2. By this Petition, Petitioners challenge the order dated 19 July 2021 passed by the State Government (Minister-Revenue) thereby allowing the Appeal filed by the Respondent Nos. 2 to 4 under the provisions of Section 9 of the Maharashtra Inferior Village Watans Abolition Act, 1959 (‘Act of 1959’). While allowing the application filed by the Respondent Nos.2 to 4, the State Government (Minister-Revenue) has rejected the request of the Petitioners for regrant of the land under the provisions of Section 9 of the Act of 1959.

3. The case has chequered history. Land bearing Gat No.24/27 converted to Gat No.102 admeasuring 1 Hectare 72 Ares situated at Village Ganga Padali, Taluka and District Nashik, was formerly an inferior village watan land Class VI-B. After coming into force of the Act of 1959, the land was resumed by the State Government under the provisions of Section 4 and came to be re-granted to the original Watandar Mr. Baban Salve under Section 6 of the Act. Said Watandar Mr. Baban Salve executed Agreement for Sale dated 26 January 1967 and sold the land to Smt. Renubai W

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