LAWS(BOM)-2011-7-137

MADHUKAR NATTHUJI DHARMARE Vs. PARMOD

Decided On July 20, 2011
SINDHU WD/O MADHUKAR DHARMARE Appellant
V/S
PARMOD S/O SHANKARRAO JUNGHARE Respondents

JUDGEMENT

(1.) RULE, with the consent of the parties, made returnable forthwith and heard.

(2.) THE above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 7/3/2011 passed by the Additional Commissioner, Nagpur, by which order the revision application filed by the respondent no.1 herein vide Revision Petition No.15/RTS64/20082009 came to be allowed and the order of the Additional Collector dated 16/1/2009 came to be set aside.

(3.) AGGRIEVED by the order dated 16/1/2009 passed by the Additional Collector, Nagpur, the respondent no.1 filed a Revision Application under Section 257 of the Maharashtra Land Revenue Code,1966 before the Additional Commissioner. The said revision application came to be allowed by the impugned order dated 7/3/2011. The gist of the reasoning of the Additional Commissioner was that father of said Smt.Anusayabai might have gifted the property to said Anusayabai and therefore, her name was entered in the revenue record, and that the petitioner herein having not challenged the entry made in favour of Anusayabai could not challenge the entry made on the basis of the Will Deed in favour of her son i.e. the respondent no.1 herein. The Additional Commissioner, therefore, quashed and set aside the said order dated 7/3/2011 passed by the Additional Collector.