ASHOK BHIMRAODUBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present proceedings arises out of the order passed by the Maharashtra Tribunal dated August 20, 1986 dismissing the revision filed by the present petitioner being Revision Petition No. 11/b/1986 summarily confirming the order passed by the Deputy Collector, Land Reforms, Aurangabad on 31. 7. 1985 in Appeal No. 83/lr/tnc/a/64 by which order the Deputy collector, Land Reforms has cancelled the declaration in favour of the present petitioners in respect of land S. No. 14 admeasuring 10 acres one guntha U/s 38g of the Hyderabad Tenancy and Agricultural Lands Act. (hereinafter referred to as the Tenancy Act ). Few undisputed facts are required to be mentioned before adverting to the submissions that are made by the learned counsel for the petitioner. By an order dated 25. 8. 1959 the Tahsildar, Aurangabad in file No. RB. WS. XII. 19/22/86/1956 cancelled the declaration U/s 38 E of the act and declared that Asaram being protected tenant will continue as tenant and his possession will not be disturbed. The proceedings U/s 38e have reached the finality as the order dated 25. 8. 1959 is not challenged.

(2.) THEREAFTER, it appears (after death of Asaram) name of Bhimrao S/o asaram was included in provisional list of the tenants who are entitled to purchase the land U/s 38g of the Act. By virtue of Section 40 of the Act, the present petitioner succeeded/inherited the rights of late Asaram Dubale. The provisional declaration was challenged by one Govindsing Kishansingh. The provisional declaration U/s 38g was enquired into and the Tahsildar, Aurangabad by his order dated 24. 1. 1967 has rejected the objection petition filed by govindsingh Kishansingh and the provisional declaration made in favour of bhimrao came to be confirmed and declared it as final.

(3.) AFTER the order passed hy the Tahsildar, Aurangabad on 24. 1. 1967 the additional Tahsildar, Aurangabad on 16. 9. 1982 has issued a certificate of ownership in favour of the present petitioner u/s 38g of the Act. Feeling aggrieved by the order of issuance of certificate by the Deputy Collector, Land Reforms u/s 38g read with Section 38 (6) of the Hyderabad Tenancy and Agricultural land Act, the land owner filed appeal to the Deputy Collector. The appeal was heard by the Deputy Collector and the Deputy Collector by his elaborate reasoning and considering the provisions of the Act, by the order dated 31. 7. 1985 allowed the appeal and set aside the Tahsildar's order dt. 24. 1. 1967 and accordingly the declaration U/s 38g came to be cancelled. While allowing the appeal the Deputy Collector has specifically issued a direction, that the protected tenant or his heir will remain in possession of the land as protected tenant and accordingly, the possession was protected and till today the petitioners are in possession of the suit land. This order passed by the Deputy Collector was subject matter of challenge in a revision before the M. R. T. by the present petitioners. The Maharashtra Revenue Tribunal by its order dated 20. 8. 1986 dismissed the revision application summarily holding that no error was committed by the Deputy Collector in interfering with the order passed by the Deputy Collector.