MAHADEO PANDURANG KAMBEKAR Vs. SIDHLING RAGHUNATH SAKHARE

JUDGEMENT

(1.) The Petition was admitted by this Court vide order dated 29 th September, 2005.

(2.) The challenge is to the order dtd. 8/11/1996 passed by Hon'ble Minister for Revenue and Forest Department setting aside the decision of Extra Awal Karkun, Kurla dated 15 th February, 1985 passed in RTS No.1084 which had directed the names of the Petitioners to be entered as "Occupants" in respect of the land bearing Survey No.50 (Part) corresponding to CTS No. 765, 767 and Survey No. 59 (Part) corresponding to CTS No. 739 by deleting the names of Raghunath Sakhare-predecessor of Respondent Nos. 1 to 14 and one Venubai Duming in an inquiry under Maharashtra Land Revenue Code Record of Rights and Registers (Preparation and Maintenance) Rules, 1971 [for short, "Rules of 1971"] read with Sec. 5 of Bombay Personal Inam Abolition Act, 1952 [for short, "Inam Abolition Act"].

(3.) The issue to be considered is the validity and legality of second inquiry under Sec. 5 of Inam Abolition Act by the Awal Karkun, in view of similar inquiry conducted previously by the Commissioner which had attained finality.