RAMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is questioning in this appeal the correctness of the judgment of the Bombay High Court in Writ Petition No. 1858 of 1982.

(2.) One Dina Bisan was the Kotwar of Village Bhandare. He died in 1953. Respondent Sharad who was his nephew and the only heir was appointed as a Kotwar in his place. As Sharad was a minor at that time the appellant was appointed as a 'Gumasta' / Deputy of Sharad. Sharad became major in 1959. He made an application on 18-4-1959 for deleting name of the appellant as 'Gumasta Kotwar' as that arrangement was no longer necessary. No order was passed on it till 1964. Therefore, he again applied to the Naib Tehsildar to delete name of the appellant. By that time, the appellant had also, along with other persons, applied for re-grant of the land as rights of Kotwars came to be abolished in 1962 by the M. P. Land Revenue Amendment Act, 1962 and he has the de facto holder on the appointed date i.e. 31-5-1962 and as such entitled to regrant of the land. The appellants'application was granted.

(3.) Respondent Sharad filed an appeal to the Deputy Collector but it was dismissed. Appeal to the Commissioner, Nagpur Division, was also dismissed. He then filed a Revision Application to the State Government and it was allowed. The State Government took note of the fact that the appellant was merely a Deputy for Sharad and that the appellant was appointed independently as a Kotwar in 1964. As the appellant was not a Kotwar on 31-5-1962 he was held not entitled to claim any right of re-grant under Section 150-B of the Act. Aggrieved by the order passed by the State Government, the appellant filed a writ petition in the Bombay High Court. The High Court after considering the legal position and all the material on record upheld the finding recorded by the State Government and dismissed the writ petition.