Baburao Limbaji Hiwrale And ... vs Shankar Dagdu Hiwrale And Others
2021 Latest Caselaw 2107 Bom

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          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                      WRIT PETITION NO.2039 OF 2021

 Baburao Limbaji Hiwrale & others                           Petitioners

          Versus

 Shankar Dagdu Hiwrale & others                             Respondents


 Mr.A.N.Sabnis, advocate holding for Mr.V.D.Gunale, advocate for
 the Petitioners.


                                  CORAM : V.K.JADHAV, J.

                                  DATE         : 02nd February, 2021.

 PC :

 1                Petitioners   are   the      original    applicants.            The

petitioners have fled an application before the Additional

Collector, Aurangabad, for permission to sell watan land bearing

Gut No.151, admeasuring 1 hectare 97 Ares, situate at (Mahar

Hadola) Murumkheda. By Judgment and order dated 17 th

November, 2011, the Additional Collector, Aurangabad, has

allowed the said application and granted permission to the

petitioners to sell the watan land, as detailed above.

2 Being aggrieved by the same, Respondents No.1 to 3

have preferred an appeal under Section 3(2) of the Bombay

Inferior Village Watans Abolition Act, 1958. By judgment and

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order dated 27th February, 2013, the Additional Commissioner,

Aurangabad Division, Aurangabad, has dismissed the appeal and

confrmed the order passed by the Additional Collector,

Aurangabad.

3 The learned Counsel for the petitioners submits that

in terms of provisions of Section 3 (3) of the Bombay Inferior

Village Watans Abolition Act, 1958, there is a fnality to the

decision of the Government in the appeal. The learned Counsel

submits that the State Government has delegated appellate

powers to the Divisional Commissioner. Though there is no

provision to review the order, however, the learned Additional

Commissioner, by applying provisions of Section 114 of the Code

of Civil Procedure, reviewed his earlier order and allowed the

Review Petition fled by Respondents No.1 to 3, by order dated

16th December, 2019.

4 In view of the above, issue notice to the respondents,

returnable on 23rd March, 2021.

(V.K.JADHAV) JUDGE

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