LAWS(BOM)-2002-12-42

SITARAM MADHU SHELKE Vs. STATE OF MAHARASHTRA

Decided On December 03, 2002
SITARAM MAHADU SHELKE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD learned counsel for the respective parties.

(2.) THIS petition is filed by two villagers of village Wakadi, Taluka Rahata. District Ahmednagar, challenging the decision/notification dated 18. 6. 1999 issued by the collector, Ahmednagar under section 4 (1) of the Maharashtra Land revenue code. 1966 ( for short, "the code" hereinafter), constituting certain survey Numbers, namely : 489, 898, 978, to 980, 1048, 1049, 1058 to 1111, 1118 to 1123, 1126 to 1128 and 1207 : in to a separate revenue village. These Survey numbers are also supposed to form a Wadi, known as Sambhaji Nagar and in view of this notification, that Wadi will be now known as village Sambhaji Nagar. Respondents Nos. 1 and 2 to the petition are State Government and its Deputy secretary in Revenue Department, Respondent No. 3 is collector, Ahmednagar and Respondent No. 4 is the village Panchayat.

(3.) THE contention of petitioners is that this decision was taken by respondent No. 3 Collector, in view of the agitation by some five persons led by one shivaji Eknath Sonavane. It is contended that these persons did not have any support in the particular area known as Sambhaji Nagar. Petitioners infact, dispute that the said area is known as Ganesh Nagar. They contended that these five persons agitated before Mantralaya in Mumbai and in view of the pressure brought by them, respondent No. 3 was required to change the decision to the contrary which he had taken in this behalf earlier.