Bombay High Court
Swarupsing S/O Kiratsingh ... vs Sushilabai W/O Umedshingh ... on 21 November, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.5750 of 2014,
Writ Petition No.5613 of 2014,
Writ Petition No.5623 of 2014
And
Writ Petition No.5634 of 2014
Writ Petition No.5750 of 2014
Swarupsing s/o Kiratsingh Baghele (Dead),
Aged about 73 years,
Occupation - Agriculturist,
R/o Warud (Bk),
Tah. Daryapur, Distt. Amravati,
through legal representatives, viz.:
1. Sawitabai Swarupsingh Baghele,
Aged about 72 years,
Occupation - Agriculturist.
2. Vijaysingh Swarupsingh Baghele,
Aged about 54 years,
Occupation - Agriculturist.
3. Sanjaysingh Swarupsingh Baghele,
Aged about 48 years,
Occupation - Agriculturist.
4. Varsha Swarupsingh Baghele,
Aged about 38 years,
Occupation - Agriculturist.
Nos.1 to 4, R/o Warud Kulat,
Tq. Daryapur, Distt. Amravati.
5. Sau. Lata Surendrasingh Baghel,
Aged about 57 years,
Occupation - Agriculturist,
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R/o Lakhanwada,
Seoni, Distt. Seoni (M.P.). ... Petitioners
Versus
1. Sushilabai w/o Umedshingh Baghele,
Aged about 70 years,
Occupation - Agriculturist,
R/o Warud (Bk),
Tah. Daryapur, Distt. Amravati.
2. Tahsildar,
Anjangaon Surji, Tah. Daryapur,
Distt. Amravati.
3. Sub Divisional Officer,
Daryapur, Tah. Daryapur,
Distt. Amravati.
4. Maharashtra Revenue Tribunal,
Nagpur, through Member. ... Respondents
Shri R.G. Kavimandan, Advocate for Petitioners.
Shri S.G. Karmarkar, Advocate for Respondent No.1.
Ms Ritu V. Kalia, Assistant Government Pleader for Respondent Nos.2
to 4.
Writ Petition No.5613 of 2014
Swarupsing s/o Kiratsingh Baghele (Dead),
Aged about 73 years,
Occupation - Agriculturist,
R/o Warud (Bk),
Tah. Daryapur, Distt. Amravati,
through legal representatives, viz.:
1. Sawitabai Swarupsingh Baghele,
Aged about 72 years,
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Occupation - Agriculturist.
2. Vijaysingh Swarupsingh Baghele,
Aged about 54 years,
Occupation - Agriculturist.
3. Sanjaysingh Swarupsingh Baghele,
Aged about 48 years,
Occupation - Agriculturist.
4. Varsha Swarupsingh Baghele,
Aged about 38 years,
Occupation - Agriculturist.
Nos.1 to 4, R/o Warud Kulat,
Tq. Daryapur, Distt. Amravati.
5. Sau. Lata Surendrasingh Baghel,
Aged about 57 years,
Occupation - Agriculturist,
R/o Lakhanwada,
Seoni, Distt. Seoni (M.P.). ... Petitioners
Versus
1. Kailashsingh s/o Laxmansingh Baghele,
Aged about 62 years,
Occupation - Agriculturist,
R/o Warud (Bk),
Tah. Daryapur, Distt. Amravati.
2. Tahsildar,
Anjangaon Surji, Tah. Daryapur,
Distt. Amravati.
3. Sub Divisional Officer,
Daryapur, Tah. Daryapur,
Distt. Amravati.
4. Maharashtra Revenue Tribunal,
Nagpur, through Member. ... Respondents
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Shri R.G. Kavimandan, Advocate for Petitioners.
Shri S.G. Karmarkar, Advocate for Respondent No.1.
Ms Ritu V. Kalia, Assistant Government Pleader for Respondent Nos.2
and 3.
Writ Petition No.5623 of 2014
Swarupsing s/o Kiratsingh Baghele (Dead),
Aged about 73 years,
Occupation - Agriculturist,
R/o Warud (Bk),
Tah. Daryapur, Distt. Amravati,
through legal representatives, viz.:
1. Sawitabai Swarupsingh Baghele,
Aged about 72 years,
Occupation - Agriculturist.
2. Vijaysingh Swarupsingh Baghele,
Aged about 54 years,
Occupation - Agriculturist.
3. Sanjaysingh Swarupsingh Baghele,
Aged about 48 years,
Occupation - Agriculturist.
4. Varsha Swarupsingh Baghele,
Aged about 38 years,
Occupation - Agriculturist.
Nos.1 to 4, R/o Warud Kulat,
Tq. Daryapur, Distt. Amravati.
5. Sau. Lata Surendrasingh Baghel,
Aged about 57 years,
Occupation - Agriculturist,
R/o Lakhanwada,
Seoni, Distt. Seoni (M.P.). ... Petitioners
Versus
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1. Umedsingh Biharisingh Baghele,
Aged about 72 years,
Occupation - Agriculturist,
R/o Warud (Bk),
Tah. Daryapur, Distt. Amravati.
2. Tahsildar,
Anjangaon Surji, Tah. Daryapur,
Distt. Amravati.
3. Sub Divisional Officer,
Daryapur, Tah. Daryapur,
Distt. Amravati.
4. Maharashtra Revenue Tribunal,
Nagpur, through Member. ... Respondents
Shri R.G. Kavimandan, Advocate for Petitioners.
Shri S.G. Karmarkar, Advocate for Respondent No.1.
Ms Ritu V. Kalia, Assistant Government Pleader for Respondent Nos.2
and 3.
Writ Petition No.5634 of 2014
Swarupsing s/o Kiratsingh Baghele (Dead),
Aged about 73 years,
Occupation - Agriculturist,
R/o Warud (Bk),
Tah. Daryapur, Distt. Amravati,
through legal representatives, viz.:
1. Sawitabai Swarupsingh Baghele,
Aged about 72 years,
Occupation - Agriculturist.
2. Vijaysingh Swarupsingh Baghele,
Aged about 54 years,
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Occupation - Agriculturist.
3. Sanjaysingh Swarupsingh Baghele,
Aged about 48 years,
Occupation - Agriculturist.
4. Varsha Swarupsingh Baghele,
Aged about 38 years,
Occupation - Agriculturist.
Nos.1 to 4, R/o Warud Kulat,
Tq. Daryapur, Distt. Amravati.
5. Sau. Lata Surendrasingh Baghel,
Aged about 57 years,
Occupation - Agriculturist,
R/o Lakhanwada,
Seoni, Distt. Seoni (M.P.). ... Petitioners
Versus
1. Rajendrasingh s/o Umedsingh Baghele,
Aged about 45 years,
Occupation - Agriculturist,
R/o Warud (Bk),
Tah. Daryapur, Distt. Amravati.
2. Tahsildar,
Anjangaon Surji, Tah. Daryapur,
Distt. Amravati.
3. Sub Divisional Officer,
Daryapur, Tah. Daryapur,
Distt. Amravati.
4. Maharashtra Revenue Tribunal,
Nagpur, through Member. ... Respondents
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Shri R.G. Kavimandan, Advocate for Petitioners.
Shri S.G. Karmarkar, Advocate for Respondent No.1.
Ms Ritu V. Kalia, Assistant Government Pleader for Respondent Nos.2
and 3.
Coram : R.K. Deshpande, J.
Dated : 21 November, 2016
st
Oral Judgment :
1. Rule, made returnable forthwith. Heard finally by consent of
the learned counsels appearing for the parties.
2. The challenges in all these petitions is to the common
judgment and order of remand passed by the Maharashtra Revenue
Tribunal, Nagpur, in Tenancy Revision No.TEN/B/23/2011 and other
connected matters on 30-10-2013. With the assistance of the learned
counsels appearing for the parties, I have gone through the order
passed by the Tahsildar as well as that of the Sub-Divisional Officer. I
have also gone through the reply filed by the respondents stating
therein that about 36 documents were filed and those documents have
not been considered by the authorities below. Shri Kavimandan, the
learned counsel for the petitioners in all these petitions, disputes this
fact and submits that the documents have been considered by the
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authorities below.
3. In view of the rival submissions made by the learned counsels
for the parties before this Court, it is necessary to find out the
justification for remand of the matter by the Maharashtra Revenue
Tribunal. I have gone through the common judgment and order
passed by the Tribunal and I do not find any such finding of
non-consideration of material on record by the authorities below. It
has been brought to the notice of this Court that about 36 documents
were filed before the Tahsildar and there is no finding recorded by the
Tribunal as to which of these documents have not been considered by
it. If all these documents are considered by the authorities below,
then the Tribunal has to record its own findings on the merits of the
matter. At any rate, the common judgment and order, impugned in
these petitions, cannot be sustained for want of necessary findings.
4. In the result, all these petitions are allowed. The common
judgment and order dated 30-10-2013 passed by the Maharashtra
Revenue Tribunal, Nagpur, in Tenancy Revision No.TEN/B/23/2011
and other connected matters, is hereby quashed and set aside. The
matter is remitted back to the Tribunal to decide it in accordance with
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law after hearing the parties concerned. The parties to appear before
the Tribunal on 19-12-2016. The Tribunal to decide the matter within
a period of six months thereafter.
5. Rule is made absolute in above terms. No order as to costs.
JUDGE.
Lanjewar
