SHRIKANT KESHAVRAO RAKVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent rule made returnable forthwith and the petition is taken up on board for hearing. The respective counsels for respondents waive service of Rule.

(2.) By the present Writ Petition filed under Article 226 of the Constitution of India, the petitioners are seeking the following substantive relief in terms of prayer clause (a) in paragraph-18:

(3.) The case of the petitioners can be summarized as follows: The Petitioners are owners of various lands situated at village Bhayander (West), Taluka and District Thane within the limits of Mira Bhayander Municipal Corporation. Respondent No. 3 company was claiming to be a superior holder in respect of lands in revenue village Bhayandar, Mire and Ghodbunder and the said claim is made on the basis of a Deed of Indenture dated 7/11/1870 executed in favour of the predecessor in title of the respondent No. 3 by the then Secretary of the State for Indian Council, followed by the deeds of assignment dated 15/2/1943 and 22/3/1945 executed in favour of the respondent No. 3. In a dispute arising out of the mutation entries, the name of the respondent No. 3 was removed from the occupant column of record of rights and was entered in other rights columns. Subsequently in proceeding under the Salesette Estate (Land Revenue Exemptions and Abolition) Act 1951, an order dated 28/1/1989 was passed by the Resident Deputy Collector, Thane and subsequently the Revenue Minister of Government of Maharashtra, passed an order dated 28/4/2008 directing that an enquiry under section 3 of the aforesaid Act should be completed. Pursuant to this order, on 5/9/2008 the District Collector, Thane passed an order in favour of the respondent No. 3 company and the name of the respondent No. 3 company was directed to be entered in the column of occupant in the 7/12 extract which is the revenue record.