TARABAI TULSHIRAM MESHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. By consent of the parties, Petition is taken up for final hearing.

(2.) By the present Petition, the Petitioner has prayed for a declaration that all proceedings viz. notices/notification issued under the provisions of Section 9 & 10 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the ULC Act") in respect of land bearing khasra No. 125 (old) corresponding to khasra No. 155 (new) admeasuring 1.10 H.R., situated at Mouza Drugdhamna, Tahsil-Nagpur (Gramin), District Nagpur (hereinafter referred to as "the said land") stand abated in view of the enactment of the Urban Land (Ceiling & Regulation) Repeal Act (1999) (hereinafter referred to as "the Repeal Act") and has further prayed for a declaration that the aforesaid land does not vest in the Respondents. The Petitioner has also sought consequential relief in respect of mutation of revenue records pertaining to the said land. The relevant facts pertaining to the Petitioners claim are stated herein under.

(3.) The said land alongwith two other parcels of land viz. khasra No.119/2 (old) and Khasra No. 115(old) situated at Mouza Durgdhamna, Tahsil Nagpur (Gramin) District Nagpur stood in the ownership of Smt. Radhikabai Tulshiram Borkar, mother of the present Petitioner at the time of enactment of the ULC Act. The said Smt. Radhikabai Tulshiram Borkar filed preliminary statement under Section 6(1) of the ULC Act before the Competent Authority in respect of the aforementioned three parcels of land on the basis of which ULC Case No. 2571/76 came to be registered.