JUDGMENT

Gauri Godse, J. - This petition arises out of an order passed by the Sub Divisional Officer ('SDO') directing the resumption of land in the Government on the ground of breach of the condition of the order of regrant and breach of Section 63 of the Bombay Tenancy Act and Agricultural Lands Act, 1948 (now Maharashtra Tenancy and Agricultural Lands Act)('Tenancy Act').

Petitioners case:

2. The land, which is the subject matter of the proceedings, was originally Inam land, which was in the possession of one Keshav Laxman Jadhav-Sarnaik. After the death of Keshav, the names of his sons were entered in the revenue record on 24th October 1953 vide mutation entry no. 3306. On 30th April 1964, an order was passed recording the regrant of the land to the heirs and legal representatives of deceased Keshav on payment of Nazrana amount. The land was thereafter converted from Inam land to 'Rayatwa Lands' on certain terms and conditions. The terms and conditions of the regrant were recorded by way of mutation entry no. 6273 dated 8th December 1964. The members of the family of deceased Keshav sold the land to one Patel family by a registered sale deed dated 11th February 1970. Pursuant to t