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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION.

CIVIL APPELLATE JURISDICTION.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO.4128 OF 1990

Ganapatrao Anandrao Bhosale,

Agriculturist, residing at

Agran-Dhulgaon,

Taluka kavathe-Mahankal,

District-Sangli. .. Petitioner.

Vs

1. Dinkarrao Manyaba Bhosale,

Govt.Service, residing at

Maharashtra CID, Office of State

Examiner of Documents, Adalat Road,

Behind High Court, Aurangabad.

2. Narsingrao Manyaba Bhosale,

Service, residing at subhadra Mali,

Plot No.13, Shivaji Nagar, Sangli

Dist: Sangli.

3. Smt Subhadrabai Manyaba Bhosale,

Household work, residing at

Subhadra Mali, Plot No.13,

Shivaji Nagar, Sangli,

Dist-Sangli,

4. The Maharashtra Revenue Tribunal,

through its member Shri H.M.Mohite,

MRT, Secretariat Annexe Building,

Bombay-400 001. Respondents

Ms S.M.Dandekar, for the petitioner.

Mr R.V.More, for respondent nos 1 to 3.

CORAM : D.B.BHOSALE,J.

CORAM : D.B.BHOSALE,J.

CORAM : D.B.BHOSALE,J.

DATE : 22nd September, 2004.

DATE : 22nd September, 2004.

DATE : 22nd September, 2004.

ORAL JUDGMENT:

ORAL JUDGMENT:

ORAL JUDGMENT:

1. The petitioner-tenant has filed this petition under

Article 227 of the Constitution of India against the

Judgment and order dated 16.8.1990 rendered by the

Maharashtra Revenue Tribunal,Pune, Camp at Kolhapur, in

the revision application filed by respondent nos 1 to

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3-landlords, by which their revision application has

been allowed and the orders passed by the authorities

below have been quashed and set aside.

2. The proceedings were initiated under section 32G of

the Bombay Tenancy and Agricultural Lands Act, 1948 (for

short, "Act of 1948") in 1985 at the instance of

Anandrao Akaram Bhosale, father of the petitioner.

Earlier, the proceedings under section 32G were

initiated in 1958 and they were dropped on the ground

that the landlady Jankibai was widow. Jankibai died on

17.10.1973. The A.L.T and the Assistant Collector,

Miraj Division, Miraj, by their orders dated 26.5.1986

and 1.8.1987 respectively, decided the proceedings in

favour of the petitioner declaring him as deemed

purchaser in respect of the land, in question, and fixed

the purchase price under section 32G of the Act. That

order was carried in the revision by the respondents.

3. Admittedly the land, in question, was Patel Watan

land and it was governed by the provisions of the

Maharashtra Revenue Patels (Abolition Of Office) Act,

1962 (for short "Act of 1962"). The Act of 1962 came

into force on 1.1.1963. On that date, the petitioner