KARBHARI VITHAL PANSARE Vs. ANANDA SADASHIV KADAM

JUDGEMENT

(1.) This is a petition filed by the tenant. It is not necessary to set out the facts once again. The contention of the petitioners is that it was mandatory on the tahsildar to give reasons for taking the possession of the land from the tenant before the expiry of period for preferring the appeal. Inspite of that mandate, the possession has been taken from the tenant and land has been allotted to the Respondents-landlords under action 32p (g) of B. T. and A. L. Act. Once the order of purchase of land has been set aside, the order under section 32p will have to be consequently set aside with directions. However, the respondents-landlords are in possession of land since the order of the tahsildar which is dated 19-09-1986. Really speaking to hand over the possession of land to the landlord, the landlords have to satisfy the requirements under section 32p of the said act. It seems that no enquiry has been conducted on that aspect by the Tahsildar and t he Tahsildar gave the possession of the land to the landlords. This order is inexplicable and totally without jurisdiction. Considering the facts and circumstances, the following order:

(2.) The respondents-landlords in writ petition No. 3450 of 1989 shall continue in possession of the land as interim measure till the final disposal of proceeding under sec. 32p (g) of B. T. and A. L. Act which has been remanded to the Tahsildar. The Tahsildar is directed to dispose of the said proceeding within 6 months from the receipt of the records. The Tahsildar is further directed to take possession of the land from the landlord and hand over the same to the petitioners-tenants if the judgment is in favour of the tenants. Rule is made absolute accordingly. There shall be no order as to costs. The Registry to transfer the record to the Tahsildar forthwith. Petition allowed.