BALASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and the petition is taken up for final disposal by consent of the parties.

(2.) The petitioner in this petition happens to be original applicant who initiated proceedings in 2016 by moving application before the Dy. Director, Land Records, Nashik Division, Nashik by filing application on 5/7/2016. Respondent Nos. 5 to 9 though were not parties to the said application, were made parties in the appeal before the District Superintendent of Land Records, Ahmednagar (for short "DSLR") in consolidation appeal. The petitioner filed an application in respect of land Survey No.152/1A, admeasuring 1 Acre 33 Gunthas and barren land 37 Gunthas, thus total land admeasuring 2 Acres 30 Gunthas. In the said land, the petitioner allegedly has his residence. Till the consolidation scheme was implemented, name of his father was shown in said land in 7/12 extract. After implementation of the consolidation scheme, land Survey No. 152/1A was given Survey Number as 152/1/1 and was converted in to Gat No.330. After the division of the land, Gat No.242 came to be given to the said land. It is further case of the applicant that when the scheme was implemented, the entire land stood in the name of Manubai Patilbuva Zagade. Thakubai Mhetre then succeeded the land, who happens to be mother of respondent Nos. 5 to 9, whose names are presently appearing on 7/12 extract. It is stated in the application that the petitioner has right to the extent of 1 Ana 10 Paisa in the said land as successor of ancestral property. Thus, total 11 acres land falls in Survey No.152/1A. It is case that at the time of implementation of the scheme, however, name of father of the petitioner was not shown in land Gat No.330. The application was thus moved to enter name of the petitioner in 7/12 extract. It is stated that the petitioner lost father in 2010. There is already name of the petitioner entered into Grampanchayat record. The petitioner came to know that his name is not appearing in 7/12 extract recently. Prayer is, thus, ultimately made to enter name of the petitioner in 7/12 extract in land Gat No. 242.

(3.) The DSLR by letter dtd. 7/7/2016 communicated that no any mistake appears to have occurred in the scheme and the petitioner was directed to approach the Office of the DSLR under sec. 247 of the Maharashtra Land Revenue Code (for short "MLR Code"), instead of filing application under the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act (for short "Consolidation Act").