VISHNU Vs. SARUBAI KASHINATH PATIL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of both sides, heard finally at admission stage.

(2.) Petitioners herein, on getting dissatisfied by the order passed by Hon'ble Minister for State (Revenue) dtd. 10/6/2014, are assailing the same by raising following prayers by invoking Article 227 of the Constitution of India :

(3.) In short, petitioners' claim is that, land admeasuring 1 H 19 R situated in Gat No. 419 at village Shirdhane, Taluka and District Dhule, was owned by one Chindha Ukha Patil. After demise of Chindha, his wife, son and two daughters came on record in the capacity of LRs vide Mutation Entry No. 901. Subsequently, son of Chindha, namely, Naval married one Sarubai and being childless in spite of marrying, he adopted present Petitioner No. 3 Dnyaneshwar as his adoptive son by way of registered adoption deed. After demise of Naval, by virtue of Mutation Entry No. 1297, name of adoptive son Dnyaneshwar (Petitioner No. 3 herein) was incorporated with regard to the property. Both daughters of Chindha challenged said Mutation Entry No. 1297 by filing appeal before the Sub Divisional Officer (SDO), Dhule, who was pleased dismiss the said appeal by order dtd. 23/2/2011. Meanwhile one of the daughters of Chindha, namely, Baijabai, expired. Therefore, Sarubai alone questioned the order of SDO vide RTS Appeal No. 9 of 2011 before the forum of the Additional Collector, Dhule, who by order dtd. 26/9/2011 allowed the appeal. Again dissatisfied by the same, present petitioners approached the forum of Divisional Commissioner vide RTS/REV/329/2011, who vide order dtd. 17/5/2013 was pleased to allow the revision application. This too was challenged by present respondent Sarubai before the Hon'ble Minister (Revenue) who, by order dtd. 10/6/2014, allowed the revision and set aside the order passed by Divisional Commissioner dtd. 17/5/2013 thereby confirming the order of Additional Collector dtd. 26/9/2011. In the above backdrop, instant Writ Petition has been preferred with above prayers.