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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.2722 OF 1995

Smt.Apshanbi Ramjan Tadavi,

(Died through LRs'

)

1. Hussain Ramjan Tadavi, Age-50 years,

2. Husan Ramjan Tadavi, Age-45 years,

3. Kurban Ramjan Tadavi, Age-40 years,

4. Nyajoddin Ramjan Tadavi, Age 35 years,

5. Khalil Ramjan Tadavi, Age-30 years,

6. Nurjahan Nijam Tadavi, Age-42 years,

7. Najama Ramjan Tadavi, Age-20 years,

All R/o Vargavhan, Post : Khirdi,

Taluka - Chopda, Dist. Jalgaon

-- PETITIONERS

VERSUS

1. Babulal Rajdhar Koli

(Died thousand LR'

s)

a. Pandurang s/o Bhaulal Sapkale (Koli),

Age-53 years, Occu-Agriculturist,

b. Pralhad s/o Bhaulal Sapkale (Koli),

Age-33 years, OccuAgriculturist,

c. Sau.Lilabai Chudaman Sonwane,

Age-28 years, Occu-Household,

d. Renabai w/o Bhaulal Sapkale (Koli),

khs/Feb.2022/2722

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Age-58 years, Occu-Household,

All R/o Kinod, Post : Kathora,

Tq. and Dist. jalgaon

2. The President,

Maharashtra Revenue Tribunal,

Bombay

-- RESPONDENTS

Ms.Rashmi S.Kulkarni h/f Mr. V. T. Choudhary, Advocate for the

petitioners.

None for the respondents.

( CORAM : BHARATI H. DANGRE, J.)

RESERVED ON : 13/01/2022

PRONOUNCED ON : 10/02/2022

JUDGMENT :

1.

By the present writ petition, the petitioners seek to challenge the

order passed by the Maharashtra Revenue Tribunal in Revision

Application No.Ten.A.16/1993 and the petitioners are aggrieved by the

said order since the Tahsildar as well as the Sub Divisional Officer,

Amalner had granted the claim of the petitioners in Tenancy Case

No.06/1991 in form of a reference made u/s 85-A of the Bombay

Tenancy and Agricultural Lands Act, 1948 (Hereinafter referred to as

Tenancy Act).

khs/Feb.2022/2722

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2.

The petition came to be admitted on 06/07/1995 and the stay to

the impugned judgment came to be granted, which is in operation as on

date.

Heard the learned Advocate Ms.Rashmi Kulkarni alongwith

learned Adv. Mr. V. T. Choudhary for the petitioners.

4.

The suit land, around which the proceedings are revolving, is

located in Gat No.6 of Icchapur, Tal.Chopda and it is the claim of the

petitioners that her deceased husband Ranjan was cultivating the said

land in the year 1955-56 as a tenant. He became deemed purchaser on

01/04/1957 i.e. on the tiller'

s day since he was in actual possession

and cultivation of the suit land under the Bombay Tenancy Act and in

furtherance of the said steps, the A.L.T. and Tahsildar Chopda issued

notice to him u/s 32-G of the Tenancy Act for the fixation of purchase

price of the suit land.

5.

Respondent No.1 claiming to be the owner of the suit land

staked his claim based on premise, that in the year 1959, the Bhoodan

Samiti had transferred the land to him, and he instituted RCS

No.43/1988 in the Court of learned Civil Judge, Jr.Division, Chopda,

khs/Feb.2022/2722

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seeking an injunction against the petitioners, impleaded as defendants

therein. In the said suit, the petitioner who was impleaded as a tenant,

staked his claim of tenancy in respect of the suit land and the learned

Civil Judge framed an issue of tenancy and resultantly in the wake of

Section 85-A, referred the issue to the Tenancy Court to determine

whether the petitioner is a tenant u/s 70-B of the Tenancy Act. The

defendants to the suit also claimed that they belong to "Tadavi Bhil

community", which is recognized as ST under the Scheduled Tribe

Union Territories Order, 1951.

On the reference being made to decide the status of the petitioner

under the Tenancy Act, the Tahsildar, by his order dated 14/07/1992,

declared the petitioner to be the tenant of the suit land u/s 70-B of the

Tenancy Act. The declaration was given to the effect that,

Smt.Aphshanbi Ramjan Tadavi, is a protected tenant as per Section 70-

B of the Tenancy Act.

This order passed by the Tahsildar on 14/07/1992 was

challenged in Appeal before the Sub Divisional Officer, Amalner u/s 74

of the Tenancy Act. The Sub Divisional Officer,