AYUB KHAN Vs. MEHTABKHAN

JUDGEMENT

(1.) CIVIL Application No. 2433/2004 is filed by the petitioners seeking permission of this Court to sell five acres of land out of Survey No. 120 (Gut No. 144), admeasuring 22a 18 G. The application being wholly misconceived, cannot be entertained. Hence rejected.

(2.) CIVIL Application No: 2600/2003 is filed by the respondents in the writ Petition seeking an injunction against the petitioners from alienating the property in dispute. As I have rejected the application filed by the petitioners seeking permission to sell the property, the interim order granted by this Court on this Civil Application on 4th April, 2002, to continue till the final disposal of the matter by the Tahsildar to whom the maharasthra Revenue Tribunal has remanded the matter for disposal, in accordance with law.

(3.) THIS petition can be disposed of finally as rule has been granted by me on 3. 2. 2003 and all contesting parties are represented by their Advocates. In this Writ Petition, the order passed by the Maharashtra Revenue tribunal (For short "the Tribunal") in Review Petition No: 6/c/1999a and Case No. 23 B/94/a is challenged. While admitting the petition, I placed reliance on the judgment of the learned single Judge in the case of anoopchand Nathmal Baid v. Maharashtra Revenue Tribunal, Nagpur, #1 wherein the learned single Judge of this Court (Coram M S Deshpande J. : as then he was) while considering the provisions of the Bombay Tenancy and Agricultural Lands Act (Vidarbha Region) Section 111 and provisions of Section 322 of the Maharasthra Land Revenue Code, has held that the Tribunal has no jurisdiction to review its order and hence I granted interim relief staying further proceedings as per the remand order passed by the Tribunal allowing the Review Petition. After admission of this petition, the respondent filed a reply and contested the proceedings. I heard the Writ Petition at length. Though the petition is not on Board, it is taken on Board by the consent of the Advocates and is being disposed of finally.