PRAHLAD L PATIL Vs. CHANDKHA G MISTRY

JUDGEMENT

(1.) THIS petition has a chequered history and the restoration of agricultural land as per the order passed by the Sub e Divisional Officer, Jalgaon on 29 the November, 1978 could not be made effective on account of the interim relief granted in this petition on 25th september, 1981. Twenty-six years have passed by and the subject agricultural land is still an elusion to the tribals.

(2.) ONE Amir Fakira Tadvi (original Respondent No. 5 in this petition)made an application for himself and Respondent Nos. 1 to 4 for restoration of agricultural land which had gone in possession of the present petitioner and the said application was allowed by the Sub Divisional officer on 29th November, 1978. The Petitioner's revision before the maharashtra Revenue Tribunal was dismissed on 10th of September, 1981.

(3.) THE agricultural land, admeasuring 11 Acres and 11 Gunthas in survey No. 81 of village Khiroda in Raver Taluka of Jalgaon district was g regranted to the original Respondent No. 1 and Respondent No. 4. The respondent No. 1 along with Respondent Nos. 3 to 5 sold the land in dispute to the Appellant and Respondent No. 6 Eknath Patil on 10th June, 1968. Mutation entry No. 2811 dated 13th July, 1968 came to be effected with 6 Annas share to the Appellant and 10 Annas share to the Respondeent No. 6 vide mutation entry No. 2854. It is to be noted, at this junctu that Survey No. 81 came to be divided in two parts i. e. Survey No. 81 and 81 /2, admeasuring about 4 Acres 27 Gunthas and 6 Acres 24 Gunthas respectively. The sale transaction was in respect of the agricultural land admeasuring 6 Acres 24 Gunthas from Survey No. 81/2. Appellant got 2 acres and 19 Gunthas whereas the Respondent No. 6 got 4 Acres and 5 gunthas in their possession. The total holding of 4 Acres and 5 Gunthas was transferred by Respondent No. 6 to the present Respondent No. 5 in. exchange of another agricultural land and thus the Respondent No. 6 relinquished his ownership right entirely on the land in Survey No. 81/2. This was confirmed by mutation entry No. 2857 dated 1st June, 1969.