BIJAYABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this so called public interest litigation, the petitioners seek issuance of writ of certiorari in terms of prayer clause (B), which is quoted as under :

(2.) By order dated July 16, 2019, the issue of maintainability of the present public interest litigation was kept open for consideration.

(3.) Petitioner No.1 claims to be Sarpanch of village Nimbgaon Wagha Taluka and Dist. Ahemadnagar and petitioner No.2 claims to be the resident of the same village. It is the contention of the petitioners that the land in survey No. 123 situated at Nimbgaon Wagha to the extent of 3H.71R was Devi Inam land and the Mandir is old constructed in the year 1630. It is further contended that the Inam was declared long back. The Revenue record since 1930-31 shows name of Bhagwati Devi and the same was permanently exempted from land revenue, in the light of which there was a bar for its transfer by virtue of the provisions of Section 8 of the Exemption from Land Revenue Act, 1863. It is further contended that the petitioners are vigilant citizens to protect the interest of the residents/devotees of Bhagwati Devi and have filed the petition in public interest.