SHRIKANT R SANKANWAR Vs. KRISHNA BALU NAUKUDKAR

JUDGEMENT

(1.) HEARD the learned advocates for the parties. Perused the records. Rule. By consent, the rule made returnable forthwith.

(2.) THE petitioners challenge order dated 6-8-2002 passed by the Additional commissioner, Pune Division, Pune, allowing the Revision Application at the instance of the Respondent against the Order of Additional Collector Kolhapur dated 24-8-2001. Additional Collector, Kolhapur by the said order dated 24-8-2001 had set aside the order dated 19-2-2001 of the Sub-Divisional Officer, gadhinglaj. The Sub-Divisional Officer, Gadhinglaj, in turn by his order dated 19-2-2002 while allowing the appeal of the Respondent had set aside the order dated 15-12-1998 passed by the Tahsildar, Chandgad in RTS No. 26 of 1998. The Tahsildar of Chandgad had allowed the application filed by the petitioners for necessary mutation of entry in favour of the petitioners claiming right of occupation to the suit premises based on the registered Sale Deed dated 15-7-1998. The said Order was passed while exercising the powers under the provi provisions of law contained in section 149 read with section 150 of the Maharashtra land Revenue Code, 1966 (hereinafter called "the said Code" ).

(3.) THOUGH the impugned order is sought to be challenged on various grounds, it is not necessary to consider all those grounds and suffice to refer to the ground regarding the scope of powers of the Revenue Officers under section 149 read with section 150 of the said Code and the contention of the petitioners about patently illegal exercise of the powers by the Revenue authorities and more particularly by Sub-Divisional Officer Gadhinglaj while allowing the appeal against the order of the Tahsildar as well as by the Additional Commissioner, pune, while confirming the said order of the Sub-Divisional Officer.