SHAIKH AFZAL SHAIKH BUDHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Since these Petitions involve same question of fact and law, by consent, they are heard together and decided by this common judgment.

(2.) These Petitions take exception to the order dtd. 6/6/2022 passed by the Additional Divisional Commissioner in "(Vernacular matter omitted)" confirming the order dtd. 28/12/2017 passed by the Additional Collector which confirmed the order dtd. 30/5/2014 passed by the Deputy Collector.

(3.) These Petitions are filed by the legal heirs of Inamdars and their successors in title in respect of lands Survey no. 6/1 and 6/2 situated at Satara, Tq. and Dist. Aurangabad (for short 'subject lands'). It is the case of the Petitioners that in the previous round of litigation Mr. Palaskar and others claimed themselves to be the tenants in respect of the subject lands and had initiated proceedings under the provisions of Hyderabad Abolition Inam and Cash Grants Act, 1954 (for short 'Act of 1954'). In the said proceeding, order came to be passed on 30/7/1991 by the Deputy Collector, Aurangabad holding Asaram Chopde as occupant and Narayan Chopde and others having occupancy rights in respect of Survey No.6 to the extent of 18 Acres and 23 R land. Occupancy price was determined at Rs.720.00 which was sought to be deposited and accordingly deposited. Being aggrieved by the said order, Appeal came to be filed before the Additional Commissioner, Aurangabad. The Additional Commissioner, by order dtd. 13/8/1992 allowed the Appeals filed by both sides and relegated the matter back to the Deputy Collector, Aurangabad by setting aside order dtd. 30/7/1991. On fresh enquiry, the Deputy Collector confirmed the order dtd. 30/7/1991 and exception was taken thereto before the Additional Commissioner, Aurangabad unsuccessfully. Being aggrieved by the said judgment proceeding came to be filed before the Hon'ble Minister (Revenue), who by order dtd. 21/1/2004, allowed the Appeal filed by the Inamdars and their successors and set aside the order dtd. 31/10/2001 granting occupancy right to the tenants. Tulsiram Palaskar and Laxman took exception to the said order by filing Writ Petition No. 1486/2004. This Court, by judgment dtd. 10/3/2004 dismissed the Petition. SLP filed against the said order is also dismissed by Supreme Court.