NIVRUTII SAHADU GHORPADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. Learned AGP waives service for Respondent Nos. 1 to 3. The learned counsel Mr. Deshmukh waives service for Respondent Nos. 4 to 9. Heard finally by consent of parties.

(2.) This petition can be disposed of on a short count.

(3.) The subject matter of dispute is land Gat No. 17 (old Survey No. 14/2) of mouje Pandane, Tahsil Dindori, District Nashik. The said land was granted to late Mahadu Barku Patil and Sahadu Barku Patil on equal share as a vatan land and a Mutation Entry No. 144 was recorded on 16/3/1951. The Grant was inter alia on the condition that the land shall be personally cultivated by the allottees and shall not be given to any other person for cultivation without prior permission. It appears that on 25/1/1951, the Grant was cancelled as the allottees were not belonging to the backward class and Mutation Entry No. 165 dtd. 17/5/1954 was taken.