Writ Petition Nos. 5614 and 5616 of 2015. Case: Sanjay Manya Ludrik and Ors. Vs Hon'ble Addl. Commissioner Konkan Division and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition Nos. 5614 and 5616 of 2015 |
| Counsel | For Appellant: P.K. Dhakephalkar, Senior Advocate and A.P. Mhatre, Adv. and For Respondents: S.L. Babar, AGP |
| Judges | R.M. Savant, J. |
| Issue | Maharashtra Land Revenue Code, 1966 - Section 149 |
| Judgement Date | January 18, 2017 |
| Court | High Court of Bombay (India) |
Judgment:
R.M. Savant, J.
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Rule in both the above Petitions, with the consent of the learned counsel for the parties made returnable forthwith and heard.
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The above Petitions take exception to the orders both dated 27/05/2015 passed by the Secretary and Officer on Special Duty (Appeals), Revenue and Forest Department, Government of Maharashtra ("Secy. & OSD" for short), by which orders the revision applications filed by the Petitioners herein came to be dismissed and resultantly the order dated 25/04/2012 passed by the Additional Commissioner, Konkan Division, came to be confirmed.
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Since the Writ Petitions involve common facts and raise an identical challenge though concerning different plots of land i.e. in Writ Petition No. 5614/2015 the land in issue is Survey No. 193 and in Writ Petition No. 5616/2015 the land in issue is Survey No. 194 they are heard together however the facts in Writ Petition No. 5614 of 2015 would be referred to for the sake of convenience.
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The Petitioners predecessors are one Manya Loru Ludirk and Parshya Ludrik who purchased the lands in question being Survey Nos. 193 and 194 of village Nilemore, Tal. Vasai, Dist. Thane from the original owners one Ichalal Jagmohan Das and Jamna Das Mangal Das. The Petitioners are the heirs of the said Manya and Parshya. After the said purchase, Mutation Entries being Mutation Entry Nos. 648 and 657 came to be made in favour of the predecessors of the Petitioners in respect of the said lands. After the purchase by the Petitioners, it seems that the said property was alleged to be purchased by one Thomas Antony Dis alias Dias in an auction which was held pursuant to the decree passed in Suit No. 57 of 1941. It seems that two Mutation Entries being Nos. 838 and 2444 were effected in the revenue record in favour of the said Thomas Antony Dis alias Dias. The Petitioners after acquiring knowledge of the said Mutation Entries came to know about the purchase of the said Thomas Antony Dis alias Dias. The Petitioners along with their mother Smt. Ushibai Ludrik filed a suit being Regular Civil Suit No. 318 of 1986 for a declaration of title and for injunction. The Defendants therein amongst whom was the said Thomas Antony Dis alias Dias were served, however, they chose to remain absent in the said suit. The Trial Court by the judgment and order dated 22/11/1994 dismissed the said suit. The Petitioners aggrieved by the said dismissal preferred an Appeal being No. 54 of 1996 in the...
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