ANANT VISHNU KHARE Vs. STATE OF BOMBAY

JUDGEMENT

(1.) PETITIONERS Anant Vishnu Khare and Ramchandra Brijlal have filed this petition under Articles 226 and 227 of the Constitution of India wherein they pray for issuance of a writ of certiorari or such other statable direction or order quashing the orders dated March 5, 1959, made by the Sub -Divisional Officer, respondent No. 4 hereto, dated May 6, 1959, made by the Collector, Akola, respondent No. 3 hereto, and dated November 18, 1959, made by the Bombay Revenue Tribunal, respondent No. 2 hereto, and also the sales of the land in question held on December 27, 1958, in favour of respondent Nos. 5 to 10. Respondent No. 1 is the State of Bombay. The petitioners further pray for issuance of a writ of mandamus or such other suitable direction or order forbidding obstruction by any of the respondents to the petitioners' ownership and possession over the land in question admeasuring 29 acres 12 gunthas.

(2.) FACTS giving rise to this petition may be briefly stated. Petitioner No. 1 Mr. A. V. Khare was an occupant, of unalienated. land bearing fields Nos. 78, 79 and 80 situate in mauza Umri, taluq Akot, district Akola. These fields were bounded on the east, south and west by river Purna. Beyond this part of the bed of the river to the east, south and west are the fields of other occupants. About the year 1944 -45, river Purna suddenly changed its course and started flowing to the north of these fields. In doing so, the river encroached on petitioner No. 1's fields 78, 79 to the extent of 10 acres and 3 gunthas. It resulted in laying bare the soil of the former river bed adjoining the eastern, southern and western boundaries of these fields. Land thus laid bare admeasured 29 acres and 12 gunthas.

(3.) PETITIONER No. 1 thereafter filed another application under Section 185(2) of the Madhya Pradesh Land Revenue Code, wherein he prayed that the sales held on December 27, 1958, in favour of respondents Nos. 5 to 10 be set aside and the land be settled 011 him in Bhumidhari rights. It may be stated that prior to October 1, 1955, the law in force in the four districts of Akola, Amravati, Buldana and Yeotmal was the Berar Land Revenue Code and in other parts of Madhya Pradesh, the C. P. Land Revenue Act, The Legislature of the then Madhya Pradesh State enacted the Madhya Pradesh Land Revenue Code, 1954, to consolidate and amend the law relating to land revenue; it came into force on October 1, 1955, and since then the law in force in all the eight districts of Vidarbha is the Madhya Pradesh Land Revenue Code and it, is for this reason that petitioner No. 1 made an application under Section 185(2) of the Madhya Pradesh Land Revenue Code. The provisions of Section 67 of the Berar Land Revenue Code and those of Section 185 of the Madhya Pradesh Land Revenue Code are identical.