VITTHAL THAKU JAGDALE Vs. NITIN SURESH KADAM

JUDGEMENT

(1.) These petitions under Article 227 of the Constitution impugns the order dtd. 21/2/1975 passed by the concerned tenancy authority ("Mamlatdar") purportedly under Sec. 32R and 32P of the Bombay Tenancy and Agricultural Lands Act, 1948 ("the Tenancy Act"). By that order, the petitioner - a purchaser of agricultural land - was evicted on the ground of not personally cultivating the land, and the land was directed to be resumed/disposed of. The petitioners have challenged the legality and propriety of the common judgment and order dtd. 17/7/2019 passed by the learned Member, Maharashtra Revenue Tribunal, Pune, in Revision Application Nos. 4 of 2017 and 7 of 2017, whereby the Tribunal allowed the said revision applications preferred by respondent Nos.1 and 2 to 13, and thereby set aside the judgment and order dtd. 23/10/2017 passed by the Sub-Divisional Officer, Pune.

(2.) The facts giving rise to the present writ petition are rooted in a long-standing tenancy and ownership dispute in respect of agricultural land bearing Survey No.152/1 admeasuring 3 Hectares and 2 Ares, situated at village Bakul, Taluka Haveli, District Pune. The land in question originally belonged to the predecessor-in-title of respondent Nos.1 to 13.

(3.) The father of petitioner No.1 was a tenant in possession of the said land as on the tillers' day, i.e. 1/4/1957. In an enquiry held under Sec. 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy Act"), the Agricultural Land Tribunal, Haveli, by order dtd. 22/6/1964, declared the father of petitioner No.1 as the deemed purchaser of the said land.