DATTU APPA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the instant writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have challenged order dated 5/3/1994 passed by respondent 2 - the Settlement Commissioner and Director of Land Records, Pune, and order dated 13/10/1995 passed by respondent 1 - the State of Maharashtra.

(2.) The facts, which give rise to the present petition may be shortly stated. Appa Rama Patil, the father of the original petitioner owned agricultural lands in Village Asurle, Taluka Panhale, District Kolhapur. Yesaba Rama Patil - the father of respondent 3 owned Jirayat land bearing Survey No.25/6 admeasuring 10 Gunthas and one Rama Dhondi Patil owned land bearing Survey No.77/3B. In 1962, the Consolidation Scheme framed under The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (for short, "the said Act") came to be applied to Village Asrule. The work of consolidating small pieces of lands into larger blocks was undertaken. As a part of the Consolidation Scheme, land bearing Survey No.25/6 admeasuring 10 Gunthas belonging to Yesba Rama Patil - the father of respondent 3 was allotted to Appa Rama Patil - the father of the original petitioner since, he also owned land bearing Survey No.25/7 admeasuring 11 Gunthas. The consolidated land was given Gat No.72 (for convenience, "the suit land"). In exchange, Yesba Rama Patil came to be allotted land bearing Survey No.25/2 admeasuring 8 Gunthas, land bearing Survey No.77/2B admeasuring 2 Gunthas owned by Appa Rama Patil and land bearing Survey No.77/3B admeasuring 1 Guntha owned by Rama Dhondi Patil. The said consolidated land was allotted Gat No.68. Thus for the area of 10 Gunthas lost by Yesba Rama Patil, he came to be allotted an area of 11 Gunthas. This exchange of lands which took place in 1962 was by mutual consent.

(3.) On 2/1/1983, Appa Rama Patil died leaving the original petitioner as his heir. Yesaba Rama Patil died leaving respondent 3 as his heir.