ORAL JUDGMENT

Date : 08-01-2024

1. Heard learned counsels for the parties.

2. This writ application has been filed for setting aside the order dated 05.07.2022 passed by joint signature of District Magistrate, Aurangabad (Respondent No. 2) and Additional District Magistrate, Aurangabad (Respondent No. 3) in Title Verification Case No.100 of 2015-16 whereby and where under the raiyati rights of the petitioner in regard to the disputed land pertaining to Mauza- Madanpur, Thana No. 785, Khata No.176, Plot No.1103 and Area-0.0405 hectare, has been rejected.

3. Learned counsel for the petitioner submits the Circle Officer, Madanpur, Aurangabad (Respondent No. 6) upon consideration of the documents, had recommended the declaration of raiyati rights in favour of the petitioner. He also submits that the jamabandi was open in the name of father of the petitioner and continued in his name since 1989 and rent receipt was granted to him up till now i.e. for more than 30 years. Therefore, in this view of the matter, he has lawful right on the said land. It is further submitted that from the order impugned, it transpires that there is no reason assigned as to why the District Magistrate, Aurangaba