BHAU MARTAND SHELAR Vs. HAJABAI BALA NADAF

JUDGEMENT

(1.) This Special Civil Application filed by the petitioner who is the landlord, under Article 227 of the Constitution of India raises a question of law as to whether the order of the Agricultural Lands Tribunal dropping the proceedings under Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act) on the ground that the tenants was a widow on the teller's day and her right to purchase the land was postponed under Section 32-F (1) (b) of the Act, which order Section 32-F (1) (b) of the Act, which order was confirmed by the Revenue Tribunal, operates as res judicata, and, therefore, fresh proceedings under Section 32-G of the Act at the instance of the widow were not maintainable.

(2.) The facts of the case are few and are no longer in dispute. The lands bearing Survey Nos. 340-2B, 341-1A, 341-2, 340-2C and 341-1B of village Soni in Miraj Taluka belong to the petitioner. The respondent s a widow since before April 1, 1957, the tiller's day. She is in possession of the said lands as a tenant sirice before the tiller's day. The Agricultural Land's Tribunal Suo mote commenced proceedings under Section 32-G of the Actin respect of the said lands and by its order dated November 16, 1960, held that the respondetn No. 1 being a widow on the tiller's day, her right to purchase the lands was postponed under Section 3-F (1) (b) of the Act and n this view of the matter dropped the proceedings. Its order of the Agricultural Lands Tribunals was challenged in appeal by the respondetn No. 1. The Special Deputy Collector who heard the appeal disagreed with the view of the Agricultural Lands Tribunal and took the view that the widow-tenant is entitled to exercise her right to purchase the land during her lifetime. He, therefore allowed her appeal and remanded the case for fresh inquiry to the Agricultural Land's Tribunal. In a revisional application filed by the petitioner, the Revenue Tribunal set aside the order passed in appeal and restored that of the Agricultural Lands Tribunal. The Revenue Tribunal followed the view taken by the Bench of the Maharashtra Revenue Tribunal and restored the order passed by the Agricultural Lands Tribunal. This order was passe by the Revenue Tribunal on August 12, 1964. It appears that that after this decision of the Revenue Tribal a view was taken by the Revenue Tribunal that the provisions of Section 32-F (1) (b) were optional and the rights conferred on the widow or a minor by the said provision were independent of and in addition to their right under Section 32 of the Act. The respondent No. 1. therefore, filed another application to the Agricultural Lands Tribunal to start proceedings under Section 32-G for determinign the price of the said lands. The Agricultural lands Tribunal, however, was of the view that the final order was passed by the Revenue Tribunal and the remedy of respondetn No. 1 was to approach the Revenue Tribunal, for review of the order passed by it. The Agricultural Lands Tribunal, therefore, directed respondetn No. 1 to approach the Revenue Tribunal for review of its order. This order of the Agricultural Lands Tribunal was confirmed in appeal by the Collector. In a revision filed by the respondent No. 1 challenging the order of the Collector, the Revenue Tribunal held that in the circumstances of the case, the previous order did not Collector the Revenue Tribunal held that in the circumstances of the case, the previous order did not stand in the way of the petitioner for starting fresh proceedings under Section 32-G. The Revenue Tribunal, therefore, set aside the order s passed by the two authorities below and the case was remanded back to the Agricultural lands Tribunal for taking proceedings under Section 32-G of the Act.

(3.) The short question for consideration that arises in this petition, therefore, is whether the order passed by the Agricultural Lands Tribunal dropping the proceedings which was confirmed by the Revenue Tribunal by its order dated August 12, 1964, bars initiation of fresh proceedings for determination of price of the land at the instance of the widow-tenant.