MANOHARLAL BABURAM GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. With consent of the parties the petition is taken up for final disposal at the stage of admission. The respondents waive service.

(3.) Petitioner No.1 is the proprietor of petitioner No.2 - company which is permitted to be deleted in view of the order passed on 4th December, 2015 since the said company became non functional. The name of Petitioner No.2 has been struck of from the record. Petitioner No.1 is the Director of Petitioner No.2 liquidated company. However, there is no controversy as regards entitlement of Petitioner No.1 to the property in dispute i.e. area to the extent of 60 R out of Survey No.5, CTS N.904 situated at Shirdi, Taluka Rahata, District Ahmednagar, out of total area of 134 R owned by the petitioner. The area to the extent of 60 R portion which was of individual ownership of Petitioner No.1 was part of assets of liquidated company i.e. Petitioner No.2. The original owner of the suit property was one Parasharam Dagdu Gondkar. He tendered an application for conversion of user of property for non-agricultural purpose and by the order dated 6th April, 1984, permission was accorded for change of user. In the month of October 1984, petitioner No.1 purchased the said property from the original owner and accordingly the name of petitioner No.1 was muted in 7 X 12 extract as well as property register record.