L L CONSTRUCTIONS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The subject matter of this writ petition is land bearing C.T.S. No.24 in Village Paspauli of Kurla Taluka in the Bombay Suburban District. The 1st petitioner is the present owner of this property. The 2nd petitioner is a partner of the 1st petitioner firm. The original 3rd petitioner was claiming to be the previous owner of this property. The 3rd petitioner died before the hearing of this petition and his name has now been deleted. The land which is the subject matter of this petition was originally Khoti land and it formed part of Khoti Survey No.63. After the abolition of Khoti this piece of land was renumbered during a survey which was carried out in that village in the year 1957. The said land was entered in the revenue records as Gaothan land admeasuring 1 acre and 34 gunthas. The original third petitioner claimed to be in occupation of this land since the year 1949. As an occupant of gaothan land he claimed to be the holder of this land.

(2.) By an order dated 31st August, 1967 passed by Enquiry Officer No. VII City Survey, Bombay Suburban District, Bombay, the state of Maharashtra was declared as holder of the said land and the original 3rd petitioner was declared as an encroacher on Government Land. This order was passed after an enquiry at which the original 3rd petitioner was present and his statement was recorded in evidence. As a result of the order of 31st August, 1967 the record of rights was amended to show the State of Maharashtra as the holder of the said land and the name of the original 3rd petitioner remained in occupation of the said land and he seems to have entered into subsequent dealings in respect of this land. As a result petitioners Nos. 1 and 2 today claim to be the owners of the said land. It seems that they acquired an interest is this land around 1984 or a little prior to it.

(3.) In the year 1984 the order of 31st August, 1967 was sought to be reviewed by the revenue authorities. It seems that the District Inspector of Land records cum City Survey Officer No.1, Bombay Suburban District Bombay by his letter dated 9th April, 1984 moved the Sub-Divisional Officer, Bombay Suburban District for review of the order of 31-8-1967 stating that on perusal of survey sheets in respects of the said land (C.T.S. No. 24 of Paspauli village) it was seen that C.T.S. No. 24 of Paspauli fell in the category of gaothan land. He said that in view of the submissions of the original 3rd petitioner recorded on 7th August, 1967 in the previous enquiry the name of the original 3rd petitioner should be entered in the revenue record as the holder of the said land. In response to this letter, the Sub Divisional Officer, Bombay Suburban District by his letter dated 4th May, 1984 stated that a proper enquiry was not conducted before passing the order of 31st August, 1967. He accorded his sanction under section 258 of the Maharashtra Land Revenue Code 1956 to review the order of 31st August, 1967.