SAHEBRAO DAGADU THORAT Vs. SANJAY SITARAM THORAT

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of the counsel for the parties, heard finally.

(2.) The challenge in this petition is to an order passed by respondent No.5 District Superintendent of Land Records, Pune dated 14th December, 2020 in BHUMAPAN/4627/2020/5926, whereby respondent No.5 was pleased to condone the delay in preferring an appeal purported to be against the measurement in respect of Gat No. 1619 vide measurement register No. 739/2005 dated 3rd May, 2006.

(3.) By the said measurement it was recorded that the holder of Gat.No.1617 is in occupation of an area admeasuring 77 Are out of Gat.No.1619, of which the petitioner is the holder. It appears that the said measurement was sought to be questioned by seeking a Nimtana Measurement by the respondent by an application dated 3rd October, 2019. The Deputy Superintendent of Land Records, Ambegaon (Pune), vide an letter dated 16th October, 2019, intimated the respondents that a period of 14 years had elapsed since the said measurement, vide measurement register No.739 of 2005, and in accordance with the rules, Nimtana Measurement was required to be sought within 90 days and, thus, the request was turned down. The respondents preferred an appeal against the said intimation and sought condonation of delay for about 14 years. By the impugned order dated 14th December, 2020 the Superintendent of Land Records Pune was pleased to condone the delay.