BARKU GOVIND WALVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. With the consent of the learned Counsel for parties, Rule is made returnable forthwith.

(2.) By this Petition, Petitioners challenge the order dtd. 19/7/2021 passed by the State Government (Minister-Revenue) thereby allowing the Appeal filed by the Respondent Nos. 2 to 4 under the provisions of Sec. 9 of the Maharashtra Inferior Village Watans Abolition Act, 1959 ('Act of 1959'). While allowing the application filed by the Respondent Nos.2 to 4, the State Government (Minister-Revenue) has rejected the request of the Petitioners for regrant of the land under the provisions of Sec. 9 of the Act of 1959.

(3.) The case has chequered history. Land bearing Gat No.24/27 converted to Gat No.102 admeasuring 1 Hectare 16 Ares situated at Village Ganga Padali, Taluka and District Nashik, was formerly an inferior village watan land Class VI-B. After coming into force of the Act of 1959, the land was resumed by the State Government under the provisions of Sec. 4 and came to be re-granted to the original Watandar Mr. Baban Salve under Sec. 6 of the Act. Said Watandar Mr. Baban Salve executed Agreement for Sale dtd. 26/1/1967 and sold the land to Smt. Renubai Walve, predecessor of Petitioners. The Sale-Deed was, however, not executed. Mr. Baban Salve filed Special Civil Suit No.8/1972 seeking recovery of possession from Smt. Renubai Walve whereas Smt. Renubai Walve filed Special Civil Suit No.92/1972 seeking specific performance of the Agreement for Sale dtd. 26/1/1967. By Judgment delivered by the Joint Civil Judge, Senior Division, Nashik on 30/1/1976, the possession by Smt. Renubai Walve was held to be lawful but she was denied the relief of specific performance.