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2026:BHC-AUG:4220

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 6011 OF 2021

1) Shantabai w/o Namdeo Choudhari

(Deceased through her Lrs.)

1-A) Bhagwan s/o Namdeo Choudhari

Age:- Major, Occu: Business,

R/o Choudhari Wada, Behind Hotel Sadanand

Ghatroad, Chlaisgaon, Dist Jalgaon

1-B) Nirmalabai w/o Bhimrao Choudhari

Age: Major, Occu: Household,

1-C) Latabia w/o Shivaji Choudhari,

Age:- Major, Occu: Household,

R/o. Dangari, (Mohadi)

Tql. & Dist. Dhule.

1-D) Shindubai Waman Choudhari (Deceased)

1-E) Ananda s/o Namdeo Choudhari

G.P.A. of Petitioner Nos.1-A to 1-C

Age:- 48 Years, Occu: Business

R/o. Damodhar Park, Tulinj Road,

Nalasopara (Eat) Tal. Vasai,

Dist. Palghar … Petitioners

(Org. Applicants)

Versus

1) Bhikan Daulat Choudhari

Age:- Major, Occu:- Agril.,

R/o. Tarvade (Bk).

Tal. Chalisgaon, Dist. Jalgaon.

2) The S.D.O. Pachora

Dist. Jalgaon

3) Addl. District Collector,

Jalgaon. … Respondents

(Org. Respondents)

...

Mr. Paresh B. Patil, Advocate for the Petitioners

Mr. A. D. Wange, AGP for Respondent Nos.2 And 3

Mr. Vijay P. Latange, Advocate for Respondent No.1

…

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CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 28th JANUARY, 2026

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally by

the consent of the parties.

2. By way of present petition the petitioners assail order

dated 13/09/2019 passed by learned President, Maharashtra

Revenue Tribunal, Mumbai in Tenancy Revision No.63/B/2012,

whereby the revision filed by the petitioner was dismissed and the

order dated 27/09/2012 passed by Sub Divisional OfÏcer, Pachora in

Tenancy Case No.130/2005 was confirmed.

3. Learned counsel for petitioners Mr. Paresh Patil submits

that the land Gut No.1/B/2 and land Gut No.1/B, Old Survey No.40

situated at Tarwade (Bk), Taluka Chalisgaon, District Jalgaon was

originally owned by Krishnarao Shivram Pawar. The said land was

given for cultivation on tenancy basis of Rs.100/- to Dhondu Supdu

Teli, who was protected tenant of the suit land. Mutation Entry

No.781 was recorded to that effect in the record of rights.

Grandfather of petitioner Nos.1-A to 1-D was cultivating the said

land as a protected tenant and after his death his sons Damu

Dhondu Teli and Namdeo Dhondu Teli, father of petitioner Nos.1-A to

1-D, were recorded as legal heirs of Dhondu Teli in the suit land and

they cultivated the land as protected tenant. As the suit land is

Class-6B Patil Inam land and to that effect Mutation Entry No.1743

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was taken, there was prohibition to transfer the said land. Despite

the prohibition, after death of husband of petitioner No.1 and father

of petitioner Nos.1-A to 1-D, by taking advantage of the fact that the

present petitioners were minors original owner Krishnarao Shivram

Pawar sold the said land in favour of father of respondent No.1

without obtaining prior permission of the competent authority. While

recording Mutation Entry No.1959 pursuant to the said transaction,

the revenue authorities have clearly mentioned that ‘permission

was not taken prior to the sale transaction and the sale transaction

is against the law’. Therefore, the petitioners filed Tenancy Case

No.130/2005 under the provisions Section 84 of the Bombay

Tenancy and Agricultural Lands Act, 1948 for recovery of possession

of the suit property.

4. After hearing both the parties the Sub Divisional OfÏcer,

Pachora has dismissed the Tenancy Case No.130/2005 observing

that the name of Namdeo Dhondu Teli was recorded as a protected

tenant in the year 1952-1953. The suit land is Inam land of Class-

6B. Mutation Entry No.1753 shows that the said Inam Land is

returned to the owner and Mutation Entry No.1835 is recorded to

that effect on 02/03/1965. It is further stated that, in the year 1968-

1969 the entry in other rights column shows that name Namdeo

Dhondu Teli and his legal heirs was removed for not having right in

the suit land. The Sub Divisional OfÏcer, without considering the fact

that the said land was recorded as Class-6B Inam lan