Shantilal S/O Shrikisan Jain vs Smt. Gokarnabai Madhukar Lathad ...
2022 Latest Caselaw 6432 Bom

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

                          WRIT PETITION NO. 3766 OF 2022
           (Shantilal Shrikisan Jain V/s Smt. Gokarnabai Madhukar Lathad & Ors.)


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


                                Mr. A. J. Thakkar, Advocate for Petitioner.
                                Mr. K. L. Dharmadhikari, AGP for Respondent
                                Nos.7 & 8.
                                                   ------

                                CORAM         : MANISH PITALE, J.

                                DATE          : JULY 7, 2022.

               .             Heard learned Counsel for the Petitioner.

2. By this Petition the Petitioner has challenged the concurrent orders passed by the Respondent No.7 - Tahsildar, Patur dated 29/9/2021 and order passed by the Respondent No.8 - Additional Commissioner, Amravati on 24/6/2022, whereby registered sale deed dated 3/3/1975 executed in favour of the Petitioner has been set aside and a direction has been given to the Petitioner to handover possession of the suit property to the Respondent Nos.1 to 6, by exercise of power under Section 36(A) of the Maharashtra Land Revenue Code, 1966.

               Yadav VG
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3. It is submitted that in the present case the Respondent Nos.1 to 6 claimed to belong to Scheduled Tribe "Andh", which stood included in the Presidential order for Scheduled Tribes for State of Maharashtra, by an amendment of the year 1976. It was highlighted that when the transaction had taken place in the year 1975, the said community was yet to be included in the list of Scheduled Tribes. In this factual backdrop, reliance is placed on the Division Bench judgment of this Court in the case of Tukaram Laxman Gandewar V/s Piraji Dharmaji Sidarwar by LRs. Laxmibai and Others, 1989 Mh.L.J.815 and that the judgment of learned Single Judge of this Court in the case of Chandrabhagabai Dhondiba Gutte (died LRs) Godavaribai Laxman Gutte and others V/s Ladba Narayan Sidarwad and others, 2006(1) Mh.L.J.485 , contending that the position of law is completely covered in favour of the Petitioner and that the impugned orders are wholly unsustainable.

4. In view of the above, this Court is of the opinion that a prima facie case is made out by the Petitioner in his favour.

5. Issue notice to the Respondents for final disposal, returnable on 6th September, 2022.

      Yadav VG
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6. Mr. Dharmadhikari, the learned AGP waives notice on behalf of the Respondent Nos.7 and 8.

7. In the meanwhile, there shall be ad-interim stay to the order dated 29/9/2021 passed by the Respondent No.7 - Tahsildar.

8. Parties to act upon the authenticated copy of this order.

(MANISH PITALE, J.)

Digitally Signed ByVIJAYA GOURISHANKAR YADAV Signing Date:07.07.2022 17:04 Yadav VG