AMRUTRAO Vs. LAXMAN

JUDGEMENT

(1.) By this Petition filed under Art.227 of the Constitution of India the challenge is to orders dated 7/2/1997 passed by Respodt. 2-Additional Divisional Commissioner in case no. 1997/Rev/R/l 5 & also to order dated 27/11/1996 of Respodt. 3-Additional Collector (Land Reforms) in Appeal with number 1993/CD/l /Appeal/46 which was assailed in said Revision. Consequential orders of Talathi dated 21/3/1997 implementing these orders are also assailed. It will be first proper to note facts in which these orders came to be passed & then the background facts which give rise to this challenge.

(2.) Perusal of R-3's order dated 27/11/1996 shows that deceased R-l Laxman herein was the Applicant/Appellant before said authority. The proceedings began before R-4 Sub-divisional Officer, Ambajogai. The report dated 2/8/1996 submitted by SDO Ambajogai came to be accepted by that order & mutation entries 1821,1888 & 1927 certified on 3/9/1981, 26/9/1982 & 18/5/1983 of village Parli to the extent it related to land survey no.499-EE, area 3 acres, were cancelled. The revenue authorities were directed to recover occupancy price from Laxman & to mutate his name against said land. Petitioners revision under S.257 of Maharashtra Land Revenue Code, 1966 (MLR Code) against it was dismissed on 7/2/1997 holding that they have no locus & documents relied upon by them had no legal sanctity.

(3.) An earlier order of same SDO now needs to be mentioned. Deceased Laxman had instituted case no.87/ROR/l 543 aggrieved by very same mutation entries of land 499-EE and SDO had vide order dated 29/5/1990 canceled these entries. Petitioner Amrutrao filed revision under S.257 of MLR Code with the Additional Commissioner who on 5/5/1992, quashed & set aside the same. Petitioners claim that subsequent orders by revenue authorities are in derogation of this order dated 5/5/1992.