DEORAM DHONDIBA LONKAR Vs. SHIVLING GANGADHAR TAMBEKAR

JUDGEMENT

(1.) THESE two Petitions impugn an order passed by the Additional Collector, Pune, whereby he had directed a remand for the purposes of holding a de-novo enquiry in certain tenancy proceedings. The remand orders specified that the question as to whether the tenants were entitled to purchase the lands in question, will have to be re-determined in the light of a correct assessment of their holdings and the nature of their holdings. The present petitioners bad carried the matter in appeal to the Maharashtra Revenue Tribunal but the appellants were unsuccessful. Basically, it was their contention that the Tahsildar, Pune city who had originally decided the cases, had gone into all relevant issues and that there was no valid ground for remand.

(2.) THE learned Counsel appearing on behalf of the Petitioners has contended before me that the original order in this case was passed as long back as on 30-4-1975. He has also pointed out to me that there were two rounds of litigations between the parties and that the respondents had been unsuccessful earlier. He contends that this is merely a means of protracting the litigation and prejudicing the petitioners and that there is no valid ground whatsoever to reopen the proceedings. In support of his contention, he has drawn my attention to the fact that the Canal clerk was examined at the time when the original proceedings were taken up for consideration and that he has indicated the exact nature of the lands and that the computation done by the Tahsildar does not require any modification at this point of time

(3.) MR. Rege, learned Counsel appearing on behalf of the respondents points out to me that the learned Additional Collector, has very carefully gone into the legal aspects of the case and has held that the all important issue namely the question as to the character of the lands has not been correctly determined by the Tahsildar.