SHRIKANT GANGARAM TELI Vs. BHASKAR NARAYAN KUVALEKAR

JUDGEMENT

(1.) THE petitioner in this writ petition filed under Article 227 of the Constitution of India prays for quashing the order dated 17th August, 1984 passed by the Maharashtra Revenue Tribunal affirming the order passed by the Collector, Sindhudurg on 8th September, 1982.

(2.) THE petitioner made an application before the Tahsildar and Agricultural Land Tribunal, Deogad under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "bombay Tenancy Act") praying that the petitioner be declared as deemed purchaser of agricultural land bearing Survey Nos. 159, 162, 166 and 167, the details of which have been given in the application. In the said application, the petitioner averred that he was a tenant of the land in question and was in possession as on 1st April, 1957 and therefore became deemed purchaser under law. The Tahsildar, Deogad, after holding the inquiry, held that the petitioner was tenant in the suit land and was entitled to purchase the same. The Tahsildar declared the earlier purchase of the land in question in favour of respondent No. 1 void and declared the earlier order passed in favour of respondent No. 1, whereby certificate under section 32-M of the Bombay Tenancy Act was issued, as nullity. Dissatisfied with the order passed by the Tahsildar, the respondent No. 1 herein filed an appeal before the Collector, Sindhudurg under section 74 of the Bombay Tenancy Act who allowed the appeal and set aside the order of the Tahsildar. The petitioner challenged the order of the Collector in Revision before the Maharashtra Revenue Tribunal, but failed there. In the circumstances, the present writ petition has been filed.

(3.) FROM the available material, it is clear that the respondent No. 1 herein claimed to be tenant of the land in question on tillers day i. e. on 1st April 1957. The proceedings under section 32-G of the Bombay Tenancy Act were initiated at the instance of respondent No. 1 against respondents No. 2 to 5 who are landlords. In the said proceedings initiated by respondent No. 1, he was declared as deemed purchaser and price of the land was fixed. Thereafter the certificate under section 32-M of the Bombay Tenancy Act was issued in favour of the present respondent No. 1 in the year 1960. The petitioner did not challenge the issuance of the certificate under section 32-M in favour of respondent No. 1 herein.