Shri Manohar S/O Narayan Bongirwar Dead, Through L.Rs. Smt. Sumati Wd/O Manohar Bongirwar And Other v. The Maharashtra Revenue Tribunal Nagpur And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.374 OF 2014 (MANOHAR NARAYAN BONGIRWAR & OTH...VS..THE MAHARASHTRA REVENUE TRIBUNAL & OTH) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JULY 25, 2016.

None appeared for the petitioner on 23rd March, 2016, 6th April, 2016 and 8th July, 2016.

This Court has passed order on 6th April, 2016 recording that the respondent Nos. 4 and 7 are reported to be dead, however, the petitioners have not taken any steps in the matter and therefore, the petition stands abated against the respondent Nos. 4 and 7.

Today, none appeared for the petitioner when the matter is called out.

Heard Shri A.P. Thakre, advocate for the respondent Nos. 2(d), 2(e), 3, 5 and 6, Ms. H.N. Jaipurkar, A.G.P. for the respondent Nos. 8 and 9 and Shri A.D. Sonak, A.G.P. for the respondent No.1.

Pursuant to the order passed by the Tahsildar on 9th September, 1959 the name of Narayan Mahada Shende was entered in column No.8 of the list of tenants prepared under Section 8 of the Maharashtra Tenancy and Agricultural

2 wp374.14 Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as "Tenancy Act, 1958"). Shri Narayan Madhao Bongirwar (predecessor of the petitioner Nos. 1 (a) to 1(f) and Shri Gajanan Madhao Bongirwar had initiated proceedings under Section 38 of the Tenancy Act, 1958 for possession of the land admeasuring 16.83 acres of Survey No. 223. These proceedings were finally decided by this Court and it was held that the predecessor of the present respondent Nos. 2 and 3 were tenants in respect of the land admeasuring 12.83 acres. The predecessor of the present respondent Nos. 2 and 3 made an application to the Tahsildar / Agricultural Lands Tribunal praying that their names be entered in the record as tenants and lease-deed be executed in favour of the tenants. The Tahsildar rejected the application by the order dated 31st May, 1999.

This order was challenged before the Sub-Divisional Officer in appeal which was allowed by the order dated 23rd April, 2010. The above order was challenged before the Maharashtra Revenue Tribunal in revision which is dismissed by the impugned order. The petitioners, being aggrieved by the orders passed by the Maharashtra Revenue Tribunal and the Sub Divisional Officer, have filed this petition.

With the assistance of the learned advocate for the respondent Nos. 2(d), 2(e), 3, 5 and 6 and the learned A.G.P., I have examined the documents placed on the record of the petition. The Tribunal has exhaustively considered the history of litigation and the effect of various orders passed by the competent Fora.

3 wp374.14 After considering the orders passed in the earlier litigations, the Tribunal has rightly confirmed the order passed by the Sub-Divisional Officer relying on the earlier order by which predecessor of the respondent Nos. 2 and 3 were declared as tenants and which attained finality. I do not find any perversity or illegality in the impugned order which necessitates interference in the extraordinary jurisdiction.

The petition is dismissed. In the circumstances, the parties to bear their own costs.

JUDGE RRaut..

4 wp374.14 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 28/07/2016.