ARVIND BALAJI WALVEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, Petitioner has challenged the Order dtd. 25/8/2009 passed by the Minister-Revenue rejecting his Revision Application and confirming the Order dtd. 16/7/2009 passed by the Additional Commissioner, Pune who in turn, had confirmed the Order dtd. 23/4/2001 of Tehsildar, by which the land in question has been regranted in favour of the contesting Respondents. Petition thus involves the issue of validity of Order of regrant of the land in question in favour of the contesting Respondents under the provisions of the Maharashtra Pargana and Kulkarni Watans (Abolition) Act, 1950.

(2.) A brief factual narration as a prologue to the judgment would be necessary. The land admeasuring 4 Acres and 11 Gunthas bearing Survey No. 65/1 at Village-Parvati, Taluka-Haveli, DistrictPune within the limits of Pune Municipal Corporation was originally Deshpande, who sold the same to Mr. Manohar Sitram Padalkar vide registered Sale-Deed dtd. 22/4/1898. It is Petitioner's case that the land was released from Watan Inam before execution of the SaleDeed and that there is an endorsement to that effect in the Inam Register in the year 1936-37. The heirs of Manohar Sitaram Padalkar sold the land to Mr. Balaji Bhavansa Walvekar by registered Sale-Deed dtd. 9/9/1937, whose name came to be mutated vide Mutation Entry No. 4046 dtd. 26/3/1938. It is Petitioner's case that a registered Lease-deed was executed by Balaji Bhavansa Walvekar in favour of Mr. Pandurang Gopal Gavandi for tenure of 25 years for utilization of the leased land for the business of manufacturing of bricks and allied products. On 3/7/1950, a Partnership Deed was executed between the two brothers, Pandurang Gopal Gavandi and Vishwanath Gopal Gavandi for carrying out the business of manufacturing of bricks under the name of Padma Bricks Factory.

(3.) On 1/5/1951, the Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950 (Watans (Abolition) Act, 1950) came into effect. By Mutation Entry No. 789 dtd. 28/7/1952, a remark regarding application of provisions of the Watans (Abolition) Act, 1950 came to be recorded in the revenue records of the land. By another Mutation Entry No. 709 dtd. 31/1/1953 the name of 'Hind Sarkar' was mutated as occupant of the land. It is Petitioner's case that Balaji Bhavansa Walvekar made application dtd. 19/3/1953 to the Mamlatdar claiming that he was an absolute owner and not a Watandar in respect of the land. Alternatively, he expressed willingness to pay appropriate Nazrana in the event of the land being treated as a Watan land. It is Petitioner's case that though the application was made for payment of Nazrana within specified time, no Challan was issued and therefore payment of Nazrana could not be made. By Mutation Entry No.911, the earlier Mutation Entry No. 709 was corrected mentioning the names of State Government as well as Balaji Bhavansa Walvekar possibly to convert the land as Class-I land on payment of Nazrana. By Mutation Entry No.1134 certified on 25/12/1961, the remark 'Akari Pad' (assessed waste land) was made in the revenue records of the land possibly on account of non-payment of Nazrana. On 20/3/1962, the Circle Officer proceeded to take possession of the land by conducting Panchanama on the ground of non-payment of Nazrana by Balaji Bhavansa Walvekar. Though taking over of such possession was objected by Balaji Bhavansa Walvekar, the possession of the land was taken from the lessee, Pandurang Gopal Gavandi on 28/5/1962. The partnership between the two brothers, Pandurang and Vishwanath Gavandi was dissolved and Padma Brick Factory was to be exclusively operated by Vishwanath Gopal Gavandi. It is Petitioner's case that in all 7/12 extracts, name of Pandurang Gopal Gavandi was always reflected as 'unlawful possession'.