Advocates:
['DESHPANDE PRIYANKA R', 'ADV S D TAWSHIKAR', '', 'R/ AND SERVED', 'GP', 'COPY SERVED ON OTHER SIDE', 'STATEMENT MADE ON PRESENTATION FORM']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.7322 OF 2018

WITH CA/8255/2019 IN WP/7322/2018

AJAY GOPINATHRAO NITURKAR (BOMBLE)

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Advocate for Petitioner : Dr. Swapnil D. Tawshikar

AGP for Respondent Nos. 1 to 4 : Mrs. V. S. Chaudhari

Advocate for Respondent No.5 : Ms. Priyanka R. Deshpande

Advocate for Respondent No.6 : Mr. Vishal S. Kakde

...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 07^th DECEMBER, 2021

PER COURT :

1.

This petition takes exception to the judgment and order

dated 04-05-2018, passed by respondent No.2 – Divisional

Commissioner, Aurangabad, in case No. 2017/ROR/REV/51 and the

judgment and order dated 17-01-2017, passed by respondent No.3 –

Additional Collector, Latur, in proceeding No.2016/ROR/A-80 as well as

judgment and order dated 20-06-2016, passed by respondent No.4 –

Sub Divisional Officer, Nilanga, Dist. Latur, in proceedings

No.2015/ROR/A-50.

2.

The grandfather of petitioner and respondent No.5 was

Inamdar of Matapuri Jagdamba Devi Temple. The temple owned 4

Hectare 22 R Inam land. Bhagwatrao Gopinathrao Nitoorkar was

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performing Pooja-Archa and cultivating the said land.

3.

The petitioner filed Regular Civil Suit No.187/2008 against

the grandfather, seeking a declaration that the petitioner is entitled to

perform Seva, Pooja etc. of the Deity Matapuri Jagdamba Devi and to

enjoy land bearing Survey No.117, Block No.386, admeasuring 4 H 22

R and C.T.S. No.1001 at village Nitoor, Tq. Nilanga, Dist. Latur, and

injunction was sought that the defendant/grandfather Bhagwatrao

Gopinathrao Nitoorkar be restrained from causing any obstruction to

perform Pooja-Archa, etc. of the Deity Matapuri Jagdamba Devi at

village Nitoor. The matter was compromised and compromise deed was

presented before the trial Court. The grandfather accepted right of the

petitioner and further contended that he has relinquished all his rights

in respect of the said temple and the property in favour of the petitioner.

Pursuant to the compromise terms, compromise decree was passed by

the trial Court in favour of the petitioner. On the basis of the said

compromise decree Mutation Entry No.1209 was sanctioned in favour of

the petitioner, thereby the name of grandfather was deleted and the

name of petitioner was entered in the other rights column of the 7/12

extract of the suit property.

4.

Respondent No.5, cousin of the petitioner, initiated

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proceedings challenging M.E. No.1209, by filing proceeding before

respondent No.4 – Sub Divisional Officer, Nilanga, Dist. Latur, under

Section 247 of the Maharashtra Land Revenue Code, 1966. Respondent

No.4 – Sub Divisional Officer allowed the said proceeding and directed

that till the orders in respect of succession of the Inam land are passed,

the land be taken in possession by the Government and the same should

be given on the yearly lease basis. He, therefore, set aside the M.E.

No.1209. The petitioner unsuccessfully challenged the said decision

before respondent No.3 – Additional Collector, Latur and respondent

No.2 – Divisional Commissioner, Aurangabad. The petitioner is

aggrieved by the impugned order passed by respondent No.4 – Sub

Divisional Officer, confirmed by respondent Nos.2 and 3 and states that

the same are liable to be quashed and set aside.

5.

After hearing the rival submissions, in view of the pendency

of Atiyat proceedings filed by the petitioner and respondent No.5 before

the competent Atiyat Court, it is not necessary at this stage to consider

the rival submissions. This Court is of the opinion that this petition

needs to be disposed off by directing the Atiyat Court to decide the

proceedings within a stipulated period. Hence the following order:

ORDER

(I)

The Atiyat Court, before whom proceeding No.2018/ROR/

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KV/229, filed by the petitioner and proceeding No.2016/

INAM/CR/147, filed by