KASHINATH MAHADU SHINDE Vs. GOVIND LAXAMN RAJENDRA

JUDGEMENT

(1.) BY this Petition under Article 227 of the Constitution of India, the Petitioners have challenged the Judgment and Order dated 30th December, 2002 passed by the learned Additional Tahsildar, Nasik as well as the Judgment and Order dated 31st January, 2006 passed by the learned Additional Commissioner, Nasik Division, Nasik.

(2.) THE Petitioners herein are claiming to be in possession of the land bearing Gut No.2054 admeasuring 3 Hectare and 41 Ares situated at village Adgaon, Taluka and District Nasik. According to the Petitioners, the first to fifth Respondents herein being heirs of late Laxman G. Rajendra are the owners of the said land. According to the case of the Petitioners, their grandfather used to cultivate the said land since 1952-53 as an agricultural tenant thereof and the Petitioners being his heirs are in possession of the said land as the tenants and are cultivating the same.

(3.) THE learned counsel appearing for the Petitioners submitted that there was no reason for the Additional Collector to interfere with the order passed by the Tahsildar. He submitted that a proper inquiry was held as per Rules 30 and 31 of the Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971. He submitted that the contesting Respondents did not contest the case before the Tahsildar. He submitted that there is a pending civil suit filed by the contesting Respondents and the said Respondents will take undue advantage of the orders which are impugned in this Petition. He placed reliance on a decision of the learned single Judge of this Court in the case of Marazban Jehangiriji Patel Vs. State of Maharashtra & Ors. (2004 (4) Maharashtra Law Journal Page 682). The learned counsel appearing for the contesting Respondents supported the impugned orders.