Sayyad Sirajali Sakhavata Ali And 3 Others v. Khan-Ka-A Kadariya Trust, Balapur Thr. Dr. Yusuf Sayyad Ahmed Kadari

0209wp1267.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1267 of 2015 (Sayyad Siraj Ali Sakhavata Ali and others v. Khan-ka-a Kadariya Trust, Balapur, Dist. Akola, through Dr. Yusuf Sayyad Ahmed Kadari) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.S. Shingane, Advocate for Petitioners. Coram : R.K. Deshpande, J.

Date : 2 nd September, 2015 The challenge in this petition is basically to the order dated 31-5-2008 passed by the Tahsildar in Case No.TNC-59 (36-1)/Chitoda/1/97-98 initiated by Sayyad Sakhawat Ali Abbas Ali under Sections 20 and 36(1) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 in respect of Gat No.53, having area of 14 hectares and 75 ares. By this order, the Tahsildar has held that the said Sayyad Sakhawat Ali Abbas Ali has established his tenancy rights in respect of 7 acres of land out of Gat No.53. The petitioners in this petition are not in any way concerned with 7 acres of land out of Gat No.53.

In view of this, there was no occasion and propriety for the petitioners to challenge the said order before the Appellate Authority and further to prefer a revision before the Maharashtra Revenue Tribunal. If the petitioners have any independent grievance either in respect of surrender of land or tenancy rights, it is open for them to agitate the same in appropriate proceedings in accordance with law. No interference is called for.

0209wp1267.15.odt The petition is dismissed.

Judge.

Lanjewar