SHANKAR BADHE Vs. RAM MANDIR CHINAWAL CHARITABLE TRUST

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution against the order passed by the Government of Maharashtra-respondent No. 2 on 1st January, 1971 rejecting the application of the petitioners filed under section 88-D of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter called as the "Tenancy Act") praying that certificate issued to the respondent No. 1 under section 88-B of the tenancy Act be revoked. The petitioners are the tenants of three Survey Numbers situate at village Chinawal of Raver Taluka belonging to respondent No. 1 which is a Public Charitable Trust. The trustees have obtained a certificate under section 88-B of the tenancy Act on 21st December, 1959. It was the case of the petitioners that the certificate has been issued in favour of the respondent No. 1 by the revenue authorities without giving them a notice. The petitioners then made an application on 30th July, 1967 to the State of Maharashtra under section 88-D of the tenancy Act praying that the certificate issued in favour of respondent No. 1 under section 88-B be cancelled on various grounds. The State Government directed the Tahsildar to conduct an enquiry and submit the report. It appears that the Tahsildar has recorded evidence and forwarded the same to the State Government. The State Government thereafter by a letter dated 1st January, 1971 written by the Under Secretary to the Government of Maharashtra, Revenue and Forest Department, informed the petitioner that his request regarding the certificate granted under section 88-B of the tenancy Act cannot be granted. The petitioners thereafter made an application for certified copy of the order passed by the State Government but on 23rd May, 1971 he received a certified copy on a stampted paper of the same letter dated 1st January, 1971. That letter is annexed to the petition as Annexture A collectively which reads :---