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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 594 OF 2017

1.

Kausalyabai w/o. Ramanlal Ladda

..

Petitioners

Age.62 years, Occ.Agri & Household,

R/o.3-10-65, Court Road, Old Jalna,

Tq. & Dist. Jalna.

2.

Mangalbai w/o. Ramprasad Baheti,

Age.60 years, Occ.Agri & Household,

R/o. Mantri Colony, Subhash Road,

(In front of Temple Datta Mandir)

Bhir, Tq. & Dist.Beed.

Versus

1.

Shankar s/o. Khanuji Kothimbre,

..

Respondents

Age.Major, Occ.Agri.,

R/o.Bidkin, Tq.Paithan,

Dist.Aurangabad.

Died – through legal heirs

(a)

Sahabrao s/o. Shanker Kothimbre,

Age.Major, Occ.Agri.,

R/o.Kothimbre-Galli, House No.188,

Bidkin, Village Bidkin, Tq. Paithan,

Dist.Aurangabad.

(b)

Umaji s/o. Khanuji Kothimbre,

Age.Major, Occ.Agri.,

R/o.Kothimbre-Galli, Village Bidkin,

Tq.Paithan, Dist. Aurangabad.

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(c)

Santosh s/o. Umaji Kothimbre,

Age. Major, Occ. Agri.,

R/o.Kothimbre-Galli, Village Bidkin,

Tq. Paithan, Dist. Aurangabad.

(d)

Aakash s/o. Janardhan Kothimbire,

Age.18 years, Occ. Agri.,

R/o.House No.70 and 71, Bidkin,

Tal.Paithan, Dist. Aurangabad.

(e)

Anusuyabai w/o. Rangnath Jadhav,

Age.48 years, Occ. Household,

R/o.Phulambri, Tal. Phulambri,

Dist.Aurangabad.

(f)

Gayabai @ Pushpa w/o. Rangnath Raut,

Age.30 years, Occ. Household,

R/o.Leha, Tal. Phulambri,

Dist.Aurangabad.

[Resp.No.1(a) to 1(c) added as per

order dated 24.11.2018]

[Resp.No.1(d) to 1(f) added as per

order dated 19.12.2019]

[Resp.No.1(b) & 1(c) deleted as per

order dated 19.12.2019]

2.

The State of Maharashtra

Through its Secretary,

Revenue Department,

Mantralaya, Bombay.

3.

Agricultural Lands Tribunal,

Paithan Tahsildar, Paithan,

Dist. Aurangabad.

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Mr.D.N.Patki & Ms. Jyoti H. Patki, Advocate for the

petitioners.

Mr.R.D.Sanap, AGP for the respondent/State.

Mr.S.S.Gangakhedkar, Advocate for respondent Nos.1(a) and

1(d).

Mr.S.N.Boiwar h/f. Mr.V.B. Garud, Advocate for respondent

Nos.1(e) & 1(f).

CORAM : N.J.JAMADAR, J.

RESERVED ON :

03.03.2021

PRONOUNCED ON :

30.03.2021

J U D G M E N T :-

01.

Rule. Rule made returnable forthwith and with

the consent of learned Counsels for the parties, heard

finally at the stage of admission.

02.

The petitioners assail an order passed by the

Tahsildar/Agricultural Lands Tribunal, Paithan [ALT]

dated 05.02.2009 in OW No.2008/Bhusudhar/Kavi, whereby

the ALT was persuaded to grant Ownership Certificate in

respect of Agricultural Land bearing Gat No.1044 [Old

Survey No.564 and 565] admeasuring 9 Acres and 16 Gunthas

[suit land] in favour of deceased respondent Shankar

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Kanhuji Kothimbire, under the provisions of Section 38-E

of the Hyderabad Tenancy and Agricultural Lands Act, 1950

[the Hyderabad Tenancy Act, 1950].

03.

The background facts leading to this petition

can be stated in brief as under :-

a]

Late Champalal s/o. Jagannath was the original

holder of the suit land. After his demise in 1348 Fasli,

Asrabai – his wife, became holder thereof. Her name came

to be mutated to the record of rights [Khasra Patrak].

The names of Vishwanath Kondaji and Kanhu Tukaram were

entered as the protected tenants of the suit land. After

the demise of Kanhu Tukaram, the name of Shankar, the

deceased respondent came to be entered in the Khasra

Patrak as the protected tenant of the suit land, in the

year 1953. However, Shankar was then a minor.

b]

The landlady Asrabai initially executed a

general power of attorney in favour of Badrinarayan Totla

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on 08.01.1979. Later on, the landlady Asrabai executed a

registered gift-deed dated 22^nd January, 1979 in favour

of Narmadabai w/o. Badrinarayan Totla and gifted the suit

land thereunder to the latter. The name of Narmadabai

came to be mutated to the suit land vide Mutation Entry

No.781. Narmadabai expired on 29.12.2010. The petitioner

Nos.1 and 2 are the daughters of Narmadabai and

Badrinarayan Totla.

c]

The

deceased