ANNAPPA SATU MANE Vs. TAJANI BALU SHINDE

JUDGEMENT

(1.) The dispute in the present case arises in the context of the Bombay inferior Village Watans Abolition Act 1958. The Act received the assent of the President on 14th January, 1959 and was published in the maharashtra Government Gazette on 20th January, 1959.

(2.) Certain lands bearing Survey No. 365/1 to 6, 366/1 to 4 and 367/1 to 4, admeasuring 10 acres and 31 gunthas and situated in village manerajuri, were originally inferior village Watan-Service Inam lands of class-VI. On 21st April, 1905, these lands were allotted by an order of raosaheb, State Karbhari of the then State of Ichalkaranji to one shripati Sakharam Shinde, the grandfather of the First Respondent. These lands were allotted as a Service Inam for rendering service as a peon at the village Chawdi. Shripati Shinde expired in 1939 and thereafter, the name of Balu Shripati Shinde, the father of the First respondent came to be recorded. Balu Shinde did not report for duty and the lands came to be forfeited by the Government of the then state of Ichalkaranji and were reallotted to the original Petitioner, annappa Satu Mane by an order dated 5th April, 1947. A Kabulayat was executed on 17th September, 1947 under which the lands were leased out to the Petitioner for an initial term of one year in consideration for his rendering service at the village Chawdi. The kabulayat, it may be noted, draws reference to the allottee as annappa Satu Mahar. The new allottee was a dalit. The Kabulayat adverts to the antecedent circumstances in which the lands were taken possession of by the Government from the earlier watandar upon his failure to render service. On 26th June, 1948, an order for allotment of the lands thus came to be passed in favour of the original Petitioner.

(3.) The Petitioner remained in possession of the lands from the date of allotment in 1947 right until 16th September, 1982. After the enforcement of the provisions of the Act, an application was made on 23rd February, 1960 by the Petitioner to the Tahsildar requesting for a regrant of the lands in his favour. It would appear that on 29th August, 1960, a similar application was made by the father of the First respondent who also paid the occupancy price. The Petitioner paid the occupancy price on his part on 17th December, 1960 for the purposes of a regrant. Both the applications were remitted by the Sub Divisional officer, Miraj, to the Tahsildar. On 8th July, 1969, the Deputy collector, Miraj passed an order holding that the lands were Watan lands which were initially cultivated by the Shinde family, but that subsequently due to the failure on their part to render services, the lands came to be resumed and leased to the Petitioner by the authorities of the former State. The Deputy Collector noted that the petitioner was continuously in possession; that he was cultivating the lands uninterruptedly and that he was consequently entitled to a regrant of the lands as an authorised holder. The predecessor of the first Respondent was a party to the proceedings before the Deputy collector. In pursuance of the order dated 8th July, 1969, passed by the Deputy Collector, the Tahsildar, Tasgaon issued an order dated 19th April, 1970 to regrant the lands in favour of the Petitioner. A mutation Entry was thereupon carried out on 11th January, 1971 in favour of the Petitioner.