LAWS(BOM)-1989-11-31

MANNAPPA RANA PATIL Vs. NARSINGRAO GANPATRAO DALAVI

Decided On November 29, 1989
MANNAPPA RANA PATIL Appellant
V/S
NARSINGRAO GANPATRAO DALAVI Respondents

JUDGEMENT

(1.) THE petitioner who was a member of the Armed Forces preferred an application for restoration of land from Survey No. 208/1 and Survey No. 209/1 situated at village Hadalage, taluka Gandhinglaj of Kolapur District under the provisions of sections 43-1a and 43-1b of the Bombay Tenancy and Agricultural Lands Act, 1948. Writ Petition No. 3268 of 1980 relates to the restoration of land from Survey No. 209/1 while Writ Petition No. 208/1. As the parties are the same and the points involved being common, both the writ petitions shall stand disposed of by this judgement.

(2.) THE land was a Patil Vatan land and after the abolition the said Vatan was regranted in favour of the petitioner on 25-6-1969. The petitioner paid the occupancy price on 29-1-1967.

(3.) THE Assistant Collector, Gandhinglaj, allowed the applications of the petitioner partially. The petitioner was allowed to resume land to the extent of his share in the joint family property. He was further directed to get his share declared and demarcated by metes and bounds applying to the Tahsildar, Gandhinglaj and to approach him for final order of possession.