SUDHAKAR S/O BHAGWANRAO NAGARGOJE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. The learned Government Pleader waives service for all the respondents. At the request of the parties, the matter is heard finally at the stage of admission.

(2.) The petitioners are aggrieved by refusal of the respondents to undertake measurement of the properties in terms of a compromise decree dated 12/09/2003 passed in Regular Civil Suit No.205/2003 between the two brothers Sudhakar and Prabhakar. The petitioners are the heirs of Sudhakar.

(3.) Sudhakar applied to the Tahsildar for measurement of one of the suit properties bearing survey no.114 (Exh-B). The Tahsildar by his communication (Exh.C) asked the Deputy Superintendent of Land Records to act on the request of Sudhakar. By his communication (Exh-D) the Deputy Superintendent of Land Records informed the Tahsildar that in view of the provisions of Section 85(2) of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as the Code) he could measure the land either on the basis of a direction of the civil court or with consent of all the co-owners. He also informed that there was an objection raised by Prabhakar to the effect that there was an error in the decree. Later on Sudhakar through his advocate issued a notice to the Collector and the Tahsildar to undertake the exercise of measurement pursuant to the compromise decree. The Naib Tahsildar by his communication in reply to the notice narrated the aforementioned history and suggested that appropriate orders be obtained for such measurement from the civil court which decreed the suit in terms of the compromise.