JUDGEMENT
B. P. Dharmadhikari, J. -
(1.)The challenge by the Petitioner in this matter is to the Judgment delivered
by the M.R.T.Pune-1 in Revision Application registered as MRT.No.NS.IV.3.911
filed by the Original Respondent no.1 now represented through his legal heirs.
This Court has issued Rule in the matter on 28.5.1995 and stayed further
proceedings on 9.2.1996.
(2.)The facts are not in dispute. The lands at Wai, form the subject matter of
this litigation. On 1.4.1957 i.e. the tillor's day a widow by name of Smt
Krishnabai was recorded as permanent tenant on these lands owned by one
Sakharam Ganu Madhare. Ganpat Krishna Mandhre was recorded as a tenant. On
13.10.1062 proceedings under section 32F were postponed by the Tahsildar and
the Agriculture Land Tribunal, Wai as the tenant was a widow. On 30.10.1988
the proceedings under section 32G were disposed of on certain grounds by the
very same Authority. This order was set aside by the S.D.O. Mahabaleshwar on
15.11.1989 who directed a fresh inquiry. The fresh inquiry was conducted by the
Tahsildar Agriculture Land Tribunal, Wai and vide order dated 28.8.1990 earlier
order passed on 30.10.1988 was restored.
(3.)Against this order Hindurao Ganpati Madhare i.e. the present Petitioner
filed an Appeal registered as Appeal No.101 of 1990 before the
S.D.O.Mahabaleshwar. After noting all these facts the S.D.O. found that the
order of Tahasildar could not have been sustained. He noted that there were no
provisions for staying or indefinitely suspending the matters of deemed purchase
in relation to lands in possession of widows and hence order dated 13.10.1962
was void and ignored it. He thereafter noted that on 1.4.1957 Krishnabai was a
permanent Agriculturist. He therefore, allowed the Appeal and declared that the
lands have been purchased by tenant Ganpati Mandhare through his heirs
Hindurao Ganpati Madhare (present Petitioner) on 1.4.1957. The lower Authority
was directed to determine the purchase price in accordance with law.
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