BABU RANGNATH MUNDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, made returnable forthwith and heard finally with the consent of the learned counsel for the parties.

(2.) By way of present Writ Petition, the Petitioners challenge the order dated 27/10/2005 passed by the learned Civil Judge, Senior Division, Majalgaon in Regular Civil Suit No. 108 of 2001 and the order passed on 20/4/2006 thereby dismissing the Misc. Civil Application No.24 of 2005 filed by the present Petitioner for review of the earlier order.

(3.) The Plaintiffs/ Respondents No. 3 to 5 herein had filed a Suit for declaration of ownership and perpetual injunction. It was the case of the Plaintiffs that their father had owned and possessed land Survey No.257/A admeasuring 2 H. 60 R. situated at village Chikhalbeed, Tq-Wadwani. It was their contention that after the death of their father, their mother became absolute owner. Thereafter their mother also died. It was contended that the Land Acquisition Officer has acquired land out of the said Survey No.257/A to the extent of 1 H. 8 R. for percolation tank vide File No. LAQ/SR/32/94 and that the Plaintiffs had not received any compensation towards the acquisition of the said land. It is their further case that Land Acquisition Officer has acquired their land to the extent of 1 H. 52 R. out of the said Survey No.257/A for minor irrigation tank vide File No. LAQ/SR/87 of 1996. It was their contention that though the compensation for the said land ought to have been paid to the Plaintiffs, the award was passed in the name of Defendant Nos.3 to 5/ present Petitioners though they had no concern with the said land.