TALUKA SANGRAMPUR BUDDHAVIHAR SAMITI VARVAT BAKAL Vs. STATE OF MAHARASHTRA THROUGH SECRETARY DEPARTMENT OF REVENUE AND FOREST MANTRALAYA, MUMBAI
LAWS(BOM)-2017-10-101
HIGH COURT OF BOMBAY
Decided on October 05,2017

Taluka Sangrampur Buddhavihar Samiti Varvat Bakal Appellant
VERSUS
State Of Maharashtra Through Secretary Department Of Revenue And Forest Mantralaya, Mumbai Respondents

JUDGEMENT

B.P. Dharmadhikari, J. - (1.) The appellants in this Appeal under Clause 15 of the Letters Patent, were the respondent nos.1 and 3 in Writ Petition No.3155/1999 decided by learned single Judge of this Court on 15th September, 2000. The petition was allowed and the present appellants were therefore expected to restore back the possession of land purchased by them to tribals i.e. Respondent nos.3 to 7 in present matter. The respondent no.1 before this Court, is the State Government.
(2.) The learned single Judge has stayed the operation and effect of his judgment for a period of four weeks and thereafter that interim order has been continued in present Letters Patent Appeal (LPA) on 10.4.2001. With the result, the appellants are even today, in possession of subject-land.
(3.) The subject-land initially belonged to one Ganpatsingh and it was put to auction by State Government for recovery of land revenue in Revenue Case No. 256/62-63. The appellant no.2-Miraj purchased that land in public auction and a sale certificate was accordingly issued in his name on 11.3.1968. Thereafter Miraj sold that land on 1.7.1974 for a consideration of Rs. 2000/- to one Nagorao Ingle, who happened to be respondent no.2 in Writ Petition No.3155/1999. Nagorao on 7.12.1996 sold that land to appellant no.1- Buddhavihar Samiti. The subject-land bears No.76/2 Gut No.206 admeasuring 1H 01R of Mouza of Varvat Bakal.;


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