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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3519 OF 2009
1] Shrikrishna s/o Mahadeo Lahulkar,
Aged about 48 years,
Occupation: Agriculturist.
2] Devidas s/o Mahadeo Lahulkar,
Aged about 32 years,
Occupation: Agriculturist.
Both the petitioners are resident of
Wakud, Post Pimpri Devi,
Tahsil Khamgaon, District Buldhana. ....... PETITIONERS
...V E R S U S...
1] Vishwasrao s/o Sukhdeo Lahulkar,
Aged about 70 years.
2] Bhaskar s/o Vishwasrao Lahulkar,
Aged about 40 years.
3] Gajanan s/o Vishawasrao Lahulkar,
Aged about 37 years, R/o At Post Alandi,
Tah. and Dist. Pune.
4] Vasanta s/o Vishawasrao Lahulkar,
Aged about 35 years.
5] Bharat Vishwasrao Lahulkar,
Aged about 28 years.
6] Dnyaneshwar Devidas Unhale,
Aged about 38 years,
Occupation: Agriculturist,
R/o Balapur Fail Khamgaon,
Tahsil Khamgaon, Dist. Buldana.
7] Deputy Director of Land Records,
Amravati Division, Amravati.
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All Respondents 1, 2, 4 & 5 are
R/o Wakud, At Post Pimpri Deshmukh,
Tah. Khamgaon, Dist. Buldana. ....... RESPONDENTS
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Shri R.N. Badhe, Advocate for Petitioners.
Shri Alok Daga, Advocate for Respondent Nos.1 to 5.
Shri S.B. Bissa, AGP for Respondent No.7.
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CORAM: R.K. DESHPANDE, J.
th APRIL, 2017.
DATE: 19 ORAL JUDGMENT 1] The petitioner claims to be the owner of 5 acres out
of Survey No.35/3 of Mouza Wakud, Tahisl Khamgaon, District Buldhana and filed an application before the Deputy Director of Land Records, Amravati for correction of area of Gat No.101, which is the part of Survey No.35/3. According to the record available, the area shown of this Gat number is 3 Acres and 26 Gunthas, whereas the claim of the petitioner was for 5 Acres equivalent to 2.12 HR. The Taluka Inspector of Land Records conducted some inquiry and submitted the proposal on 01.09.2006 for correction in Gat No.101. According to the proposal, the area of Gat No.101 is to be corrected as to 2.12 HR instead of 3 Acres and 26 Gunthas. This has not been taken into consideration by the Deputy Director of Land Records in the order impugned in this petition passed on 25.11.2004. The same was ::: Uploaded on - 21/04/2017 ::: Downloaded on - 22/04/2017 00:49:43 ::: wp3519.09.J.odt 3/3 required to be taken into consideration. The order therefore, suffers from non-application of mind to the relevant aspect of the matter and it cannot therefore, be sustained. The same will be set aside with an order of remand.
2] In the result, the writ petition is allowed. The order dated 25.11.2008 passed by the Deputy Director of Land Records is hereby quashed and set aside. The matter is remitted back for fresh inquiry and decision after hearing of the concerned parties, keeping in view, the observations made by this Court. 3] The parties to appear before the Deputy Director of Land Records on 22.05.2017. The matter be decided within a period of six months after hearing the parties and by conducting inquiry, if it is so required. No order as to costs.
JUDGE NSN ::: Uploaded on - 21/04/2017 ::: Downloaded on - 22/04/2017 00:49:43 :::