PRATIK PRAKASHCHAND KARNAVAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made absolute forthwith. By the consent of the parties the matter is taken up for final hearing. Respondents waive service of rule.

(2.) Petitioner no. 1 claims to be the son of the daughter of the original owner petitioner no. 2 of the subject land. Shri Challani, learned Counsel for the petitioners states that during the pendency of this petition, petitioner no. 2 expired. The petitioner has placed on record the affidavit filed by Kusumbai wife of deceased Madanlal petitioner no. 2 stating therein that Madanlal during his life time executed a registered gift deed on 28-1-1999 in favour of petitioner no. 2 Pratik in respect of the agricultural land bearing survey no. 54/B of village Puini, Tq. Gangakhed to the extent of 1 H 21 R. The gift deed was registered at sr. no. 308 in the office of Sub-Registrar, Gangakhed. Petitioner no. 2 expired on 17-6-2006. The names of the legal heirs of deceased Madanlal are also mentioned in said affidavit. Deponent further states that she has no objection as regards the gift deed. The gift deed is also placed on record. Accordingly, Leelabai mother of petitioner Pratik and daughter of Madanlal who is a widow has also filed affidavit in support of the claim of the petitioner. One Sangita w/o Premchandji Khiwansara has also filed affidavit.

(3.) The petitioners land in gut no. 54/B admeasuring 1 H 21 R situated in village Puini, Dist. Parbhani was acquired for rehabilitation of flood affected persons. We need to mention here that the dates occurring in the petition, affidavit in reply and the copy of award placed on record by the learned AGP are somewhat different. By consent of the parties, we adopt the dates concerning the publication of the declaration of the notice/notification as occurring in the award would be the base for deciding the issue. Therefore, we adopt the dates as mentioned in the award for the purpose of deciding the issues raised in this petition.