JIBHAU SUKHDEV DEORE Vs. VISHWAS RAMCHANDRA DIGHAVKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of the learned counsels for the parties, Petition is taken up for hearing.

(2.) By this petition, Petitioners challenge Order dtd. 17/7/2019 passed by the Minister-Revenue in rejecting the Revision Application. Petitioners had preferred the Revision challenging the Order dtd. 19/5/2016 passed by Deputy Director of Land Records, Nashik Region, Nashik, by which the appeal of Respondents was allowed and order passed by the District Superintendent of Land Records, Nashik dtd. 14/10/2015 came to be set aside. By his Order dtd. 14/10/2015, the District Superintendent of Land Records had rejected Petitioners appeal filed under Sec. 31A of the Maharashtra Prevention of Fragmentation and Consolidation of Land Holdings Act, 1947 (Fragmentation Act) for correction of clerical and arithmetical mistakes in the Consolidation Scheme finalized on 15/11/1964.

(3.) Considering the narrow controversy involved in the present petition, it is not necessary to record facts in detail. Suffice it to state that one Sukhdeo Motiram Deore owned Land bearing Survey No.205 admeasuring area of 19 Acre 4 Gunthas. Said Sukhdeo Motiram Deore sold land admeasuring 9 Acre 15 Gunthas to Kacharu Dhanaji Ahire on 1/3/1958 and retained the balance land admeasuring 9 Acre 29 Gunthas. The land admeasuring 9 Acre 15 Gunthas sold to Shri. Kacharu Dhanaji Ahire was assigned Survey No.205/1 whereas the land admeasuring 9 Acre 29 Gunthas retained by Sukhdeo Motiram Deore was assigned Survey No. 205/2. Out of the land remaining in ownership and possession of Sukhdeo Motiram Deore, land admeasuring 17 Gunthas was acquired for irrigation and he continued to retain land admeasuring 9 Acre 12 Gunthas.