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2023 Supreme(Bom) 1910

MILIND N. JADHAV
Pandurang Sakharam Gavali – Appellant
Versus
Balwant Shankar Gadave – Respondent


Advocates appeared:
S.G. Karandikar, Advocate, V.B. Rajure, Advocate, T.S. Ingale, Advocate, Wasim Samlewale, Advocate

JUDGMENT/ORDER

MILIND N.JADHAV,J. - By the present Writ Petition, the Petitioners have prayed for the following reliefs:-

<WXY>"(b) that the impugned order passed on 31/7/1999 in Revision Application No. MRT-SS-44/95 by the Designated Member, Maharashtra Revenue Tribunal, Kolhapur annexed at Exhibit "C" hereto and that passed by the Sub-Divisional Officer, Miraj Division, Miraj in Tenancy Appeal No. 9 of 1988 on 30/12/1994 annexed at Exhibit "B" hereto be kindly quashed and set aside and that passed by the learned Tehsildar, Tasgaon on 30/5/1988 in Case No. Tenancy/32-P/Sheri Kavathe may kindly be restored to file."</WXY>

2. Petitioners have challenged the impugned order passed by the Maharashtra Revenue Tribunal, Kolhapur (for short "MRT") in Revision Proceedings upholding the Sub-Divisional Officer's (for short "SDO") order in Tenancy Appeal and seek restoration of the Teshildar and Agricultural Lands Tribunal's (for short "ALT") order dtd. 30/5/1988. According to the Petitioners, this case is squarely covered by the amended provisions of Sec. 32-K(3), Sec. 32-M read with Sec. 32-P of the Bombay Tenancy and Agricultural Lands Act, 1958 (for short "the said Act") and in that view of

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