LAWS(BOM)-2008-2-446

ALKA VASANT KHOMANE Vs. STATE OF MAHARASHTRA

Decided On February 26, 2008
Alka Vasant Khomane Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) In these three letters patent appeals, judgment and order dated 12/10/2006 delivered by learned Single Judge of this court disposing of three writ petitions is under challenge. The facts involved in all these three letters patent appeals are the same. They can be disposed of by a common order and, hence, this common order.

(2.) Before we deal with the rival contentions, we must note that we were informed by learned counsel that there were settlement talks between the appellants and the contesting respondents and the contesting respondents had, without prejudice to their contentions, offered certain amount to the appellants. We, therefore, asked the appellants' counsel whether the appellants are prepared to settle the dispute at the offered amount. Learned counsel for the appellants told us that the appellants are not willing to settle the dispute. Hence, we have proceeded with the hearing of the appeals on merits.

(3.) The facts which can be gathered from the pleadings of the parties, from the record and from the written arguments of the appellants are as under : The appellants belong to Ramoshi caste. Their predecessor Maruti Ramoshi alias Chavan was an occupant of Ramoshi Watan lands covered by the Bombay Inferior Village Watans Abolition Act, 1958 (for short, "the Watan Act"). The lands bear Survey Nos.109, 110, 111. They are situated at Village Warje, Taluka Haveli, District Pune. We shall refer to them as "the said lands".