Shrikrishna S/O Mahadeo Lahulkar ... vs Onkar S/O Shamu Lahulkar And ...
2017 Latest Caselaw 1852 Bom

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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
 -------------------------------------------------------------------------------------------
          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.
 -------------------------------------------------------------------------------------------

                      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

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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