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drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.3310 OF 1995

Narayan Vaidu Patil (Died) LRs

PETITIONER

A.

Atmaram Narayan Patil

Age – 65 years, Occ – Agriculture

B.

Arun Narayan Patil

Age – 35 years, Occ – Agriculture

C.

Balu Narayan Patil

Age - 45 years, Occ- Agriculture

D.

Dnyaneshwar Narayan Patil

(Deceased by His LRS_

Sarlabai Dnyaneshwar Patil

Age – 35 years, Occ – Household

E.

Kamalbai w/o Dinkar Patil

Age – 48 years, Occ – Household

F.

Nirmalabai Motiram Patil

Age – 30 years, Occ – Household

G.

Kewalbai Bansi Patil

Age – 40 years, Occ – Household

All R/o Chunchale, Taluka – Chopda

District – Jalgaon

VERSUS

1.

The State of Maharashtra

RESPONDENTS

2.

Babulal Purushottamdas Potdar

(Died Through LRs)

A.

Pradipkumar Babulal Potdar

Age - 52 years, Occ – Service

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B.

Maheshkumar Babulal Potdar

Age – 48 years, Occ – Service

C.

Sau. Chhaya Gopaldas Shah

Age – 45 years, Occ – Household

D.

Sau. Radha Nitinkumar Tapar

Age – 40 years, Occ – Household

E.

Smt. Nila Kirtikumar Potdar

Age – 60 years, Occ – Household

F.

Sneha Kirtikumar Potdar

Age – 23 years, Occ – Household

G.

Swati Kirtikumar Potdar

Age – 19 yeas, Occ – Household

(Respondents No.2 Maheshkumar

Babulal Potdar is Gen. Power of

Attorney of Respondent No.2A to

2C to 2G)

.......

Mrs. R. S. Kulkarni h/f Mr. V. T. Choudhary, Advocate for

petitioner

Mr. Y. G. Gujrathi, AGP for respondent - State

Mr. Vijay B. Patil, Advocate for respondents No.2A to 2G

....…

[CORAM : NITIN B. SURYAWANSHI, J.]

RESERVED ON : 12

^th JULY, 2022

PRONOUNCED ON : 26

^th AUGUST, 2022

JUDGMENT :

1.

This petition, filed under Article 226 and 227 of the

Constitution of India, is directed against the order dated 20^th

September, 1991 passed by the Sub Divisional Officer, Amalner

Sub Division, Amalner in Appeal No. Tenancy A-1/90 and the

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judgment and order passed by the Maharashtra Revenue

Tribunal, Bombay dated 23^rd December, 1994 in Revision

Application No. Ten. A.26/1992.

2.

The land in question is northern portion of Gut No. 35-B

admeasuring 4 Acre 6 Guntha out of total land of 13 Acre 26

Guntha, situated at village Chunchale, Taluka – Chopda, District-

Jalgaon (hereinafter for short “the said land”).

3.

Babulal Purushottam Potdar was the original landlord and

Narayan Vedu Patil was the tenant. The said land was leased out

to Fula Vedu, Narayan Motiram and Mandabai Chaitram, who

were cultivating the said land separately. After 1^st April, 1957

proceedings under section 32G of the Bombay Tenancy and

Agricultural Lands Act, 1956 (hereinafter “the said Act” for

short) were initiated. In the said proceedings it was found that

Fula Vedu was in possession of land in excess of ceiling limits,

therefore, no purchase price was fixed, so far Fula Vedu is

concerned. The land continued to be in possession of Fula Vedu.

4.

For the sake of convenience, hereinafter, the parties will be

referred to petitioner as “tenant” and respondent No.2 as

“landlord”.

5.

The tenant filed application contending that there had been

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oral partition of the land in between brothers in the year 1951-

52 and the said land has come to his share. He prayed for

declaring him as tenant of the said land. This application came to

be dismissed and the dismissal order is upheld by the

Maharashtra Revenue Tribunal (MRT).

6.

Thereafter, the tenant filed tenancy suit No. 5 of 1983

before Agricultural Land Tribunal / Tahsildar, Chopda for fixing of

price under section 32G of the said Act. The said application was

rejected by the Tahsildar, as the tenant was cultivating the land

by Mode No.1. The tenant being aggrieved by the order of the

Tahsildar, filed appeal before the Sub Divisional Officer. The Sub

Divisional Officer, set aside the order of the Tahsildar and

remanded the m