NILESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally at admission stage by consent. Rule. Rule made returnable forthwith.

(2.) Being aggrieved by the judgment and order passed by the learned Member, Maharashtra Revenue Tribunal, Aurangabad dated 19.12.2013 in case No.57/B/2013/AN, the original applicant preferred this Writ Petition.

(3.) Brief facts giving rise to the Writ Petition are as follows : Respondent No.4 had purchased the land Gut No.30/1 admeassuring 21 R. situated at village Nimgaon, Korhale, Taluka Rahata, District Ahmednagar, under the registered sale deed on 23.01.2009. In view of the restrictions, on transfer of the agricultural lands under the provisions of Section 63 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (herein after referred to as 'Tenancy Act'), respondent No.4 has produced the 7/12 extract of Gut No.465 situated at village Rui, Taluka Rahata, District Ahmednagar and also the certified copy of the sale deed to prove that he is an agriculturist. So far as the said sale deed pertaining to the land situated at village Rui, Taluka Rahata, District Ahmednagar as stated above, respondent No.4 had submitted the proof of the 7/12 extract of Gut No.112/4 to show and prove that he had purchased the land admeassuring 30 R., Pot Kharaba 0.06, total 36 R. at village Jambhulpada, Taluka Sudhagad, District Raigad. So far as the purchase of the said land at village Jambhulpada, Taluka Sudhagad, District Raigad as mentioned above, respondent No.4 had produced the certificate issued by the Tahsildar, District Akola to show that he had purchased the land Survey No.188/2 at village Derwan, Taluka Akola, District Akola. The petitioner wanted to purchase the agricultural land in Rahata Taluka, more particularly in village Nimgaon and as such he was in search of the agricultural lands for same. During the said search, it has come to the knowledge of the petitioner that respondent no.4 had purchased the land Gut No.30/1 by producing false and bogus documents and on the basis of those documents pretended to be an agriculturist. According to the petitioner, respondent No.4 is not an agriculturist and he is an agent in the sale and purchase of the agricultural properties. Thus, the petitioner has submitted an application before respondent No.2 ­ Tahsildar, Rahata requesting the Tahsildar to conduct an inquiry into the matter. The learned Tahsildar, Rahata ­ respondent No.2 has issued notice to respondent No.4 and also collected the information suo motu from the Tahsildar, Sudhagad, District Raigad and also from the Tahsildar, Akola in respect of the various transactions of the agricultural lands as referred above entered with by respondent No.4. The learned Tahsildar, Sudhagad by communication dated 17.09.2012 has informed to respondent No.2, Tahsildar Rahata that respondent No.4 along with one Mangesh Yashwant Wadhavkar had purchased the land Gut No.112/4, admeassuring 36 R., situated at village Jambhulpada, Taluka Sudhagad vide mutation entry No.1380, dated 19.11.2004 and while purchasing the said land respondent No.4 had submitted the proof of his being agriculturist, the certificate issued by Tahsildar, Akola about the land Survey No.188/2, area 1.07 hector R. situated at Mouza Derwan, Taluka Akola, District Akola standing in the name of respondent No.4. The learned Tahsildar Sudhagad has also informed that so far as the land purchased at village Jabhulpada by respondent No.4 along with one Mangesh Yashwant Wadhavkar, respondent No.4 and said Mangesh Wadhavkar sold the said land to one Manmohan Singhvi, Abhay Manharlal Doshi and Mahendra Maniklal Shaha vide mutation entry No.1417, dated 27.10.2005 and as such, since 01.10.2005 there is no land in the name of respondent No.4 at village Jambhulpada, Taluka Sudhagad. In response to the communication sent to the Tahsildar, Akola, the Tahsildar Akola has informed to respondent No.2 ­ Tahsildar, Rahata that the said village Derwan which has been referred in the communication, is not in existence so far as the 199 villages included in Akola Taluka.