SAROJINI MOTISAO SARODAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of Shri Kulkarni, learned Counsel for the petitioners in Writ Petition No. 197/2006, Shri Mohta, learned Counsel for the petitioners in Writ Petition No. 783/2006, Shri Mujumdar, learned Assistant Government Pleader for the respondents State of Maharashtra and Competent Authority under the Urban Land (Ceiling and Regulation) Act, Shri Mishra, learned Counsel for the respondent Nagpur Improvement Trust, Shri Choube, learned Counsel for the respondent Nagpur Municipal Corporation, Shri Jaiswal, learned Counsel for the respondent nos. 5 to 7, and Shri Manohar, learned Counsel for the respondent no.8.

(2.) Both these writ petitions are directed against order dated 20.10.2005 passed by the respondent no.2 Chairman, Nagpur Improvement Trust and since facts, circumstances and law involved in both these writ petitions are similar, both these writ petitions are heard together and disposed of by this common judgment.

(3.) Shri Kulkarni and Shri Mohta, learned Counsel for the respective petitioners, contended that the petitioners in Writ Petition No. 197/2006 are members of Nelco Cooperative Housing Society, which is a petitioner in Writ Petition No. 783/2006 registered under the Maharashtra Cooperative Societies Act vide Registration No. NGP/HSG/724/70. The issue involved in the present petitions pertains to land bearing Survey Nos. 82, 85, 86, 95 and 97 of Mouza Khamla, Nagpur. The said property originally belonged to Bhosala family and as per compromise decree passed in Civil Suit No. 121/1974, the land in question came to the share of Raje Ajitsingh Bhosale and Raje Laxmansingh Bhosale, each having equal share. After compromise decree was passed, Raje Ajitsingh Bhosale and Raje Laxmansingh Bhosale became joint owners of the said property.