CHAMPABAI PIRAJI SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, Rule made returnable forthwith and heard finally by consent.

(2.) The agricultural land bearing S. No.58 is inferior Inam called "Mahar Hadola" and stood in the name of the petitioner and others. The Respondent No.5 initiated proceedings before the Superintendent of Land Records, Aurangabad, for rectification of the Consolidation record alleging that his father, Laxman Zuting Jadhav was having title in respect of 0.22 Ares land out of Gat No.99 which was converted during course of consolidation scheme, and was part of original S. No.58. He alleged that his name should have been entered in the Consolidation record as owner of 0.22 Ares land. He, therefore, urged for rectification of the Consolidation record. The petitioner and others resisted the application filed by Respondent No.5 - Sahebrao Laxman Jadhav. The learned Superintendent (Land Records) came to the conclusion that father of the Respondent No.5 i.e. Laxman S/o. Zuting was having 3 anna share in old S. No.58 and during course of consolidation the entry was omitted without any reason. He, therefore, ordered rectification of the Consolidation record by invoking powers U/s.255(3) of the Maharashtra Revenue Code, 1966. He directed that name of the father of the Respondent No.5 shall be recorded as owner to the extent of 0.22 Ares land out of land Gat No.99. Feeling aggrieved, the petitioner and the Respondent Nos.5 and 7 together preferred an appeal before the Deputy Director, Land Records, Aurangabad. The Deputy Director, however, refused to entertain the appeal on the ground that the rectification of Consolidation record could be effected U/s.31-A of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 and no appeal is provided against such order.

(3.) Heard learned counsel for the petitioner and learned A.G.P..