Damodar S/O Kisan Raut vs State Of Maharashtra, Thr. ...
2021 Latest Caselaw 17625 Bom

                                                         1                             20.WP.5399-2021.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 5399 OF 2021
                                     ( Damodar S/o Kisan Raut
                                                Vs.
                                    State of Maharashtra & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. B.N. Mohta, Advocate for the Petitioner.
                                  Ms. Nivedita P. Mehta, AGP for Respondent Nos. 1 to 9/State.



                                  CORAM:          AVINASH G. GHAROTE, J.

DATED : 18th DECEMBER, 2021.

Heard Mr. Mohta, learned counsel for the petitioner who submits, that in the suit for partition for agricultural land a decree was passed in RCS No. 23/2000, which has been confirmed by this Court in Second Appeal No. 442/2007 and a precept was issued under section 54 of the Code of Civil Procedure to the learned Collector for a partition. The decree indicated, that there were two decree holders and four judgment debtors, and therefore, each had 1/6 undivided share. Inviting my attention to the details of the properties as mentioned in the precept (precept dated 22.01.2008 page 39), learned counsel points out that all the agricultural properties were below two acres, except S.No. 61/4 which was 1.17 H, and therefore, considering the nature of shares, the properties could not have been further sub divided for the reasons, that any such 2 20.WP.5399-2021.odt

subdivision would create a fragment which was prohibited under Section 8AA of the Maharashtra Prevention of the Fragmentation and Consolidation of Holdings Act. He submits, that in contravention to the above position, which was brought to the notice of the Authorities, division has been done by creating fragments, which is not permissible as is indicated from page 68 and 69 of the record.

2. Issue notice to the respondents, returnable on 17.01.2022.

3. Ms. Mehta, learned AGP waives notice for respondent Nos. 1 to 9.

4. Since a statement is made, as of now, that allotment of specific shares has not been done and possession has not been delivered, there shall be stay in that regard till the returnable date.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:18.12.2021 15:14