MAHADU PUNJABA DHAGE Vs. PRABHAKAR TRIMBAK JOSHI

JUDGEMENT

(1.) HEARD Shri Kulkarni, learned Advocate for the petitioners and Shri Sapkal, learned Assistant Government Pleader, for respondents Nos. 2 and 3. Respondent No. 1 is absent, though served.

(2.) BEING aggrieved by the order passed by the Additional Commissioner, Aurangabad Division, Aurangabad, dated 16-1-1985, the petitioners have filed this writ petition.

(3.) LAND, Survey No. 57, i. e. , Block No. 114, of village Khandala, taluka Vaijapur District Aurangabad, is the service inam land. Respondent No. 1 Prabhakar was the Inamdar of this land and he was expected to render services to Datta Mandir. Prabhakar had leased the land to Punjaba, father of petitioners Nos. 1 and 2 and husband of petitioner No. 3. He filed suit, being Regular Civil Suit No. 105 of 1969, in the Court of the learned Civil Judge, Junior Division, Vaijapur, for recovery of the possession against Punjaba. However, the suit was dismissed on the ground that there was no proper notice as contemplated under section 106 of the Transfer of Property Act, on 30-11-1972. Prabhakar thereafter tendered his resignation as Inamdar. The Deputy Collector, Vaijapur, acting as Atiyat Deputy Collector, directed that the Government should resume the land. The land was illegally leased to Punjaba; so, it be taken into possession and it should be leased on yearly basis by auction. He also directed that some other person be appointed as Archak, i. e. , Pujari, for rendering the services to the deity. This order was passed on 30-7-1979. Punjaba thereafter preferred an appeal before the Atiyat Collector, Aurangabad. However, the same was dismissed on 8-5-1981. Punjaba then filed the second appeal before the Additional Commissioner, Aurangabad. During the pendency of the appeal, Punjaba died; so, the present petitioners were brought on record as his legal representatives. The Additional Commissioner, by his order dated 16-1-1985, dismissed the appeal.