SAIFAN HUSSAIN NADAF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel for the parties.

(2.) This writ petition is directed against the order of the learned Minister passed on 9/9/2019, setting aside order of 9/2/2011 passed by District Superintendent of Land Record, and remitting the matter for fresh enquiry to the said authority. Petitioner and the Respondent No.5 are litigating over ownership of eight acres which is wrongly shown in the record of right after implementation of consolidation scheme.

(3.) Petitioner claims that he was owner of survey no.13/A measuring 10 acres and 7 gunthas situated at Omerga (Chivri) Tq. Tuljapur, District Osmanabad. After consolidation scheme, the said land is numbered as gat no.17 measuring 76R thereby reducing it's area by 8 acre. The Respondent No.5 was the owner of Survey no.13/B total admeasuring 15 Acres which is given Gat No. 19. It's a case of the petitioner that Gat no. 19 is formulated by consolidating Survey nos. 8/2,8/3 and 8/9/3 and making it upto 23 Acres and 20 gunthas. Due to the mistake, area of 8 acres belonging to the petitioner which was part of gat No. 17 is wrongly added to the area of gat No. 19. Gut No. 17 is reduced to 76R from 10 acres and 7 gunthas (4 Hectare). This was a cause of action for petitioner to approach civil court.