TOLUMAL MOTUMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PRESENT petition is filed for the purpose of quashing the order of Collector, Aurangabad dated 20. 4. 1976 (bearing No. 76/evp/387) passed pursuant to the letter of Regional Settlement Commissioner, Bombay on 8. 10. 1959 (bearing No. 76/evp/387 ).

(2.) IT appears that the original petitioner Tolumal Motumal was allotted Survey Nos. 61 to 64 of village Maliwada, Aurangabad, admeasuring 125. 2 local acres by order/letter dated 4. 5. 1954 (Exhibit "i") by the Managing Officer, Bombay; Government of India, Ministry of "labour, Employment and Rehabilitation (Department of Rehabilitation), Office of the Custodian of Evacuee Property. Petitioner was directed to approach Collector, Aurangabad for possession (Documents Exhibits I,j,k,l produced by the petitioner with Civil Application No. 2837 of 1991 are in misc. file) Exhibit J indicates that Sanad in favour of petitioner was executed on 17. 1. 1956. This was land acquired under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1952. In the present writ petition, it is the claim of the petitioner that it is only in January 1989 he learnt while making enquiries into another case that the Collector, Aurangabad has passed an order dated 20. 4. 1976 for handing over possession of the land to another person. Further enquiries revealed that the Regional Settlement Commissioner, Bombay had passed an order dated 9. 10. 1959 for cancellation of the order of allotment in favour of the petitioner. It is the claim of the petitioner that for want of knowledge he had not been able to approach this Court for cancellation of the orders, at any time earlier. The Writ Petition is filed in April 1989.

(3.) INITIALLY the State, Regional Settlement Commissioner and Union only were impleaded as respondents. However, subsequently, one Tarabai Laddha and Dattuprasad Shivlal got themselves impleaded, by intervention application. They appear to be the persons in possession of the property S. No. 61, which is subject of this writ petition.