SHIVRAJ MANIK BARGALE Vs. SHANKAR HANUMANT HUDE

JUDGEMENT

(1.) RULE is made returnable forthwith. The petition is taken up for hearing with the consent of the learned Advocates for both the parties.

(2.) THE order dated 13-9-1998 passed by the Maharashtra Revenue Tribunal, Aurangabad, in Case No. 47/a/93/latur is challenged in this writ petition. The Tribunal while deciding the above-said matter which was filed by way of an appeal under section 11 of the Hyderabad Atiyat Enquiries Act, 1952, observed that the appeal before the Tribunal was not maintainable. Hence, the appeal came to be dismissed.

(3.) THE above-said appeal arose out of the order dated 29-6-1993 passed by the Collector, Latur, in File No. 1992/ror/a-15 whereby the learned Collector maintained and confirmed the order dated 31-10-1992 whereby the learned Atiyat Deputy Collector observed that the land Survey No. 41 with an area of 4 Hectares 56 are situated at village Kawthala was an Inam land given to the predecessor-in-tile of the present petitioners for service of Maruti temple. Though subsequently the temple is registered as public trust, however, there is nothing on the record to show that the property belongs to the said trust. It was a service Inam land and therefore, would not form part and parcel of the public trust property.