SAMBAPPABABAPPA TELI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition the petitioner sought following reliefs. :

(2.) FEW facts that are necessary to be considered in deciding this writ petition. The respondents herein/original revision petitioner filed revision Application U/s 257 of the Maharashtra Land Revenue Code before the Additional Commissioner, Aurangabad Division, Aurangabad in which the present petitioner was the opponent. The parties will be referred to as per their description before the Revisional authority i. e. State Government and they will be referred to hereinafter as revisional petitioner and opponent.

(3.) LAND S. No. 86 admeasuring 33 acres 37 gunthas situate at village Ahmedpur, Taluka Ahmedpur, District Latur. (hereinafter referred to as the suit land) was admittedly owned and possessed by one Babu Teli, who died leaving behind him three sons. It is the case of the parties that after death of Babu Teli the land was divided amongst the brothers on the basis of the fertility of the land. It appears from the record that intimation was given to the revenue authorities as required U/s 149 of the Maharashtra Land Revenue Code (hereinafter referred to as Code ). Pursuant to the said intimation, Tahsildar conducted spot inspection some time in the year 1964 and he noticed that the division was not equal and rejected the theory of partition and ordered that each brothers had equal share in the suit land. On the basis of the decision of the Tahsildar a mutation entry has been taken and certified on 5. ll. 1964 being mutation entry No. 299. Vide this mutation entry the names of three brothers i. e. the sons of deceased Baburao Teli were recorded in respect of the suit land in equal shares.