Advocates:
['PETNR SERAVED', '', 'M V DHONGADE', 'G P', '', 'B R WARMA', 'R C PATIL', 'M H PATIL']

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

WRIT PETITION NO. 2033 OF 1996(A)

(WRIT PETITION NO. 3581 OF 1991, BOMBAY)

Shri Nimba Bula Patil,

@ Nimba Bula Bedse,

Age 51 years,

R/o. Chhadvel (K), Taluka Sakri

District Dhule

...Petitioner

Versus

1

The State of Maharashtra

2

Tahsildar, Sakri

3

Shri Ananda Sonu Kokani,

R/o. Karde, Post. Chhdvel,

Tq. Sakri, District Dhule

4

Shri Pandit Shankar Patil,

R/o. Chhadvel (K),

Tq. Sakri, District Dhule

...Respondents

.....

Mr. M.V. Dhongde, counsel for the petitioners

Mrs. V.A. Shinde, A.G.P. for R. No.1 and 2

Mr. R.C. Patil, advocate for respondent No.3

Mr. B.R. Warma, advocate for respondent No.4

.....

CORAM: S. S. SHINDE, J.

DATED: 18TH NOVEMBER, 2010

2

JUDGMENT :-

1

Heard learned counsel for the petitioner and learned counsel

for respective respondents.

2

At the oral request of counsel for the petitioner, the following

words are permitted to be deleted from prayer clause (a). "and

LRC.TRB.6 of 1990" . Amendment to be carried out forthwith.

3

This writ petition takes exception to the judgment and order

dated 26.3.1991 passed by the Member, Maharashtra Revenue

Tribunal, Bombay camp at Dhule in LRC. TRB C 1/1988 alongwith the

appeal No. LRC.TRB.6 of 1990.

4

The background facts of the case are as under;-

The petitioner is resident of village Chhadvel (K), District Dhule.

The subject matter of the petition is land survey No. 110/2

admeasuring about 9 Acres and 21 Gunthas. The said land originally

belongs and was in possession of one Pandit Shankar Patil. Shri

Pandit Shankar Patil exchanged the land survey No. 110/2 to Ananda

Sonu Kokani for his land survey No.492 and thereafter the said

respondent No.3 Tribal Ananda Sonu Kokani sold the said land survey

No. 110/2 to the present petitioner for Rs.5000/- in or about in the year

3

1971.

It is the case of the petitioner that thereafter the said land was

entered in the revenue record in the name of the petitioner. The

petitioner is in actual and physical possession of land survey No. 110/2

since 1971. According to the petitioner, the land was purchased in

accordance with provisions of law particularly Section 36 of the

Maharashtra Land Revenue Code, 1966. Section 36 of the Code as it

then stood recognized the character of heritable and transferable

property from whom the petitioner purchased and was entitled to do so

on his own. It is case of the petitioner that vendor of land sold the

land entirely out of free will and for full consideration.

It is the case of the petitioner that the respondent No.3 Tribal

Ananda Sonu Kokani was never in possession of the land survey No.

110/2 and only the title was passed in the name of tribal transferor. It

is the case of the petitioner that since respondent No.3 was never in

possession of the land survey No. 110/2, the petitioner entered into

purchase transaction of the land survey No. 110/2. It is further case of

the petitioner that after purchase of the said land, the petitioner

effected several improvement in the land and by spending huge

amount.

4

5

There were certain amendment in Section 36 of the Act and

Officer of respondent No.1 served upon the petitioner a show cause

notice and intimated proceeding for restoration of land survey No.

110/2 being case No. ALP/Chhadvel(K)19/76. A separate inquiry was

held in respect of land survey No. 492 of village Korde being Adivasi

Case No. 161 of 1977. The Tahsildar, Sakri tried case No. ALP

Chhadvel (K) 19/76, after considering the say of both the parties. The

Tahsildar was pleased to pass order for restoration of land survey No.

110/2 to the Tribal-transferor on 31.1.1986. It appears that the case

being Adivasi case No. 161 of 1977 filed in respect of survey No. 492

was decided and the land was ordered to be given to the Non Tribal

Mr. Pandit Shankar Patil.

6

The peti