JUDGEMENT :

MILIND N. JADHAV, J.

1. Heard Mr. Gite, learned Advocate for Petitioners; Mr. Sanghavi, learned Advocate for Respondent No.1; Mr. Chavan, learned Advocate for Respondent Nos.5 and 6 and Mr. Sawant, learned AGP for Respondent Nos.7 and 8.

2. Present Writ Petition is heard finally today. It was admitted in 2002. Three sets of parties are contesting the present Petition. Petitioners are the legal heirs of Ushabai Bhimrao Chavan. Respondent No.1 is Ganpat Tatya Khadtale, the principal contesting Respondent whereas Respondent Nos.5 and 6 are the Taskar family members who have purchased the subject land from Petitioners in the year 2005. Prima facie Petitioners have no locus since they have sold the subject land to Respondent Nos.5 and 6. Mr. Gite represents the Petitioners whereas Mr. Chavan espouses the cause of Respondent Nos.5 and 6. Hence Respondent Nos.5 and 6 are the interested parties. Rest of the parties are proforma parties. The facts in the present case are undisputed but are extremely relevant for adjudication of the present lis between the parties. A word of caution needs to be noted herein because all along parties have filed and contested quasi-judicial proceedings under the Maharashtra Land Revenue Code, 1966 seeking entitlement on the basis of RTS proceedings and have raised several disputed questions of facts which shall be dealt with in this judgment.

3. Briefly stated, subject land is described as old Survey No.266/4-C, old Gat No.268 and new Gat No.295 admeasuring 2 Hectares 20 R situated in village – Sriramnagar, Taluka – Niphad, District – Nashik. The subject land is admittedly a Watan Land (referred to as ‘subject land’). The subject land was granted to original Watandar – Tatya Khandu Khadtale father of Respondent No.1 under Section 23 of the Bombay Hereditary Offices Act, 1874 (for short ‘the said Act’) for his services to the Society as a remuneration of the Officiator. Tatya Khandu Khadtale sold the subject land to one Shantabai Khadtale for Rs.300/- vide Sale Deed dated 05.05.1958 on the condition that if he returned back the purchase price of Rs.300/- to the purchaser within five years, the ownership of the subject land will revert back to the Watandar.

4. However in the year 1959, Tatya Khandu Khadtale expired. During that time, Bombay Inferior Village Watan Abolition Act, 1958 (for short ‘the Abolition Act’) came into force and it was made applicable to the District – Nashik with effect from 1st February – 1959. By virtue of the Abolition Act, Watans were abolished and such Watan lands were resumed by the State Government. However there was a provision for re-grant of the Watan land to the Watandar and to nobody else. In this case original Watandar expired in the year 1959 and his family members were not in a position to apply for re-grant. Rather it is Respondent No.1’s case that he was a minor in 1959. However, record shows that Tahsildar – Niphad re-granted the subject land to Shantabai Khadtale vide re-grant order dated 17.12.1963 on new impartible and inalienable tenure.

5. Thereafter said Shantabai Khadtale made an Application to Collector, Nashik requesting him to convert the user of the land to old tenure and grant her permission to sell the same under the Abolition Act. On her Application, Tahsildar – Niphad converted the user of subject land into old tenure vide order dated 16.07.1967, by virtue of which Shantabai was in position to deal with subject land. On the very same day, Shantabai Khadtale sold the subject land to Gopinath B. Sali and it was thereafter further resold to P. P. Bhanushali.

6. The original Watandar - Tatya Khandu Khadtale was survived by his wife and son. His son is Respondent No.1 in the present Petition. When he became major in the year 1976, he made an Application to the Collector seeking re-grant of the subject land in accordance with the provisions of the Abolition Act on the ground that the re-grant order could only be granted in favour of the original Watanda