SANGMESHWAR DEVASTHAN Vs. SHRIPATI BALA KUBADAGE

JUDGEMENT

(1.) HEARD the advocate for the petitioner and the respondent.

(2.) THE petitioner is a Devasthan and the respondent claims to be its tenant. The petitioner has challenged the order of the Maharashtra Revenue Tribunal (M. R. T.), Kolhapur, dated 18-3-1985 by which the M. R. T. allowed the revision of the respondent and set aside the order of the Sub-Divisional Officer (S. D. O.) Miraj, dated 30-6-1982.

(3.) WHEN the petition came up for hearing, Counsel for the respondent raised a preliminary objection to the tenability of the petition on the ground that petitioners are challenging an order dated 30-10-1973 passed by the Additional Tahsildar and A. L. T. Miraj, in this petition after 12 years. Therefore, petition is barred by limitation and secondly since order dated 30-10-1973 was not challenged it has achieved finality, which cannot be now reopened by this petition.