SHALIKRAM URKUDA CHAMBHARE Vs. PANDURANG KONDU CHATUKHODPE

JUDGEMENT

(1.) Heard Shri C. S. Kaptan, Advocate, for the petitioner and Shri A. I. Sheikh, Advocate, for the respondents.

(2.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioners are challenging the order of the Additional Commissioner, Nagpur, in Revision No. 22/RTS-64/2004-2005, by which the revision application of the petitioners to challenge the order of Additional Collector, Chandrapur, in appeal, was dismissed.

(3.) Some facts which need to be noted are that. Initially the land in question was recorded in the names of the petitioners. The respondent raised objection to that. The said objection was decided on 8-5-2000 in Revenue Case No. 6/RTS-64/1999-2000, by Tahsildar, Mul. Feeling aggrieved, the petitioners preferred an appeal under section 247 of the Maharashtra Land Revenue Code. The same was decided. It was held by the learned Sub Divisional Officer, Chandrapur, that the petitioners and respondents both are successor of deceased Gangubai and Bhivrabai. Thereafter the petitioners preferred appeal against that order before the Additional Collector, Chandrapur. The learned Additional Collector, however, found that the petitioners are not the blood relations of deceased Gangubai and Bhivrabai and therefore, he dismissed the appeal. A revision was preferred and by the impugned order, the Additional Commissioner, Nagpur, dismissed the revision application of the petitioners. Precisely, it is held by the Additional Commissioner that the petitioners are not the L.Rs of deceased Gangubai and Bhivrabai, who could succeed their properties by virtue of section 18 of the Hindu Succession Act.