Advocates:
['SHRI A S RAO', '', 'SHRI G V BHAGAT', 'SHRI ANIL V ANTURKAR', '', 'FOR R NO', 'THE A G P', 'R NOS & ARE SERVED', 'R NO & ARE DEAD']

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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

LETTERS PATENT APPEAL

LETTERS PATENT APPEAL

LETTERS PATENT APPEAL NO.55 OF 2003

NO.55 OF 2003

NO.55 OF 2003

AGAINST

AGAINST

AGAINST

WRIT PETITION NO.7477 OF 2002

WRIT PETITION NO.7477 OF 2002

WRIT PETITION NO.7477 OF 2002

Gurudassing Nawoosing Panjwani

Indian Inhabitant Aged about 65 years

Residing at Golden House,

Hill View Apartment, Section 17,

Near Ekta Apartment,

Ulhasnagar-3,

Dist: Thane. ..Applicant

Versus

1. The State of Maharashtra

Through Revenue Minister,

Mantralaya, Mumbai.

2. Shri Prem Hasmatraj Lalwani

Indian Inhabitant, Hindu, Adult,

R/at.102, Gajdhar Apartments,

Juhutara Road,

Vile Parle (West)

3. Smt. Gulabai Gajanan Desai

4. Shri Anil Gajanan Desai

(Respondent Nos.3 and 4 dead)

5. Shri Genu Baburao Kadu,

Indian Inhabitant, Hindu, Adult,

R/at. Lonavala, Tal. Maval,

Dist. Pune.

6. The Addl. Collector &

The Custodian of Evacuee Properties,

Pune.

..Respondents

Mr.P.K.Dhakephalkar i/b.Shri A.S.Rao for the appellant

Mr.Anil V. Anturkar for the respondent No.2

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CORAM: S.B.MHASE &

CORAM: S.B.MHASE &

CORAM: S.B.MHASE &

S.R.SATHE, JJ.

S.R.SATHE, JJ.

S.R.SATHE, JJ.

DATE : 13th July, 2005

DATE : 13th July, 2005

DATE : 13th July, 2005

ORAL JUDGMENT (PER S.B.MHASE, J)

ORAL JUDGMENT (PER S.B.MHASE, J)

ORAL JUDGMENT (PER S.B.MHASE, J)

1. This Letter Patents Appeal is directed against

the Judgment and Order passed by the learned Single

Judge of this Court on 24th April, 2003 in Writ

Petition No.7477 of 2002. By the said judgment and

order the Single Judge dismissed the said Writ Petition

and thereby confirmed the orders passed by the State

Minister for Revenue in the proceeding

R.T.S.3402/Pra.kra.309/L-6 dated 18th October, 2002.

2. The facts leading to this LPA are as follows:

. Survey Nos.118, 328 and 351 of Lonavala were

originally owned by one Haji Habib Tar Mohammed Janu.

The said Haji Habib Tar Mohammed Janu migrated to

Pakistan and while going to Pakistan, said Haji Habib

Tar Mohammed Janu sold his property to one Smt.

Hajrabi Haji Yusuf on 4.6.1949. However, this

transaction was cancelled by the Collector and

Custodian of Evacuee Property on 17.4.1949 as per

Section 8(i) of the Evacuee Properties Act and these

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