- (1.) Rule. Heard finally by consent of the learned Counsel for the parties.
(2.) The petitioners are aggrieved by the order passed by the Maharashtra Revenue Tribunal, Nagpur in Revision Application preferred by respondent nos. 4 to 7 in proceedings under Section 111 of the Maharashtra Tenancy and Agricultural Lands Act, 1958 (for short "the Tenancy Act").
(3.) Facts relevant for adjudicating the present Writ Petition are that according to the petitioners, they are owners of field survey no. 35, admeasuring 4 Hectors 63 Ares. It is their case that one Tatya Motiram Kamble was permitted to look after the said land by carrying out agricultural operations. Said Tatya, expired on 14.02.1988. However, after his death, his name was mutated in the revenue records as occupier the said land with tenancy rights. The petitioners challenged the aforesaid mutation entry by initiating proceedings under the Maharashtra Land Revenue Code, 1966 (for short "the Code"). On 22.01.2007, the Tahsildar passed an order stating therein that as the legal heirs of said Tatya Kamble had expressed desire to seek a declaration as regards their tenancy rights, the said application was not prosecuted. However, as the said mutation entry continued, the petitioners filed fresh proceedings before the Naib Tahsildar for deleting said entry. The Tahsildar by an order dated 06.09.2008, dismissed said application. The Sub Divisional Officer however, allowed the appeal filed under Section 247 of the Code and by order dated 16.07.2013, directed deletion of said entry. Respondent nos. 4 to 7, challenged this order by filing a revision application before the Maharashtra Revenue Tribunal. By the impugned order, the Tribunal set aside the order of the Sub Divisional Officer and directed the Tahsildar to decide the aspect of tenancy of respondent nos. 4 to 7.;