1 W.P.No.4214/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4214 OF 2010. 1. Riyazuddin S/o Shamshuddin Khateeb Age 64 years, Occ.Agri., Service- Retired, R/o Kaij, Tq.Kaij, Dist.Beed. 2. Jilani S/o Shamshuddin Khateeb, Age 61 years, Occ.Business, R/o Kaij, Tq.Kaij, Dist.Beed. 3. Yosufuddin S/o Shamshuddin Khateeb, Age 92 years, Occ. Business, R/o Kaij, Tq. Kaij, Dist.Beed. 4. Waliyaddin S/o Shamshuddin Khateeb, Age 75 years, Occ. Business, R/o Kaij, Tq.Kaij, Dist.Beed. 5. Nawab S/o Shamshuddin Khateeb, Age 66 years, Occ.Business, R/o Kaij, Tq.Kaij, Dist.Beed. 6. Zakiuddin S/o Fasihuddin Khateeb, Age 75 years, Occ.Business, R/o Kaij, Tq. Kaij, Dist.Beed. ... Petitioners. Versus 1. The State of Maharashtra. through its Principal Secretary, Forest and 2 W.P.No.4214/10 Revenue Department,Mantralaya, Mumbai. 2. The Deputy Collector (Atiyat), Ambejogai, Tq. Ambejogai, Dist.Beed. 3. The Additional Collector, Beed, Tq. and Dist.Beed. 4. Marathwada Wakf Board, Aurangabad, through it's Secretary Shaikh Hussain Shaikh Mehboob, Age 57 years, Occ.Service, R/o Aurangabad, Tq. and Dist.Aurangabad. ... Respondents. ... Mr.R.N.Dhorde, advocate for the petitioners. Mr.S.B.Pulkundwar, Asstt. Govt.Pleader for Respondent Nos.1 to 3. Mr.Y.B.Pathan, advocate for Respondent No.4. ... CORAM : S.V.GANGAPURWALA,J. Date : 12.09.2011. ORAL JUDGMENT : 1. Heard. 2. Leave to amend. 3. Rule. Rule returnable forthwith. With 3 W.P.No.4214/10 the consent of the parties, the petition is taken up for final hearing. 4. The proceedings were initiated before the Deputy Collector (Atiyat) U/s 5 and 6 of the Atiyat Inquiries Act for attachment of the properties on the ground that the Inamdars have transferred and alienated various properties. The Deputy Collector (Atiyat), directed that the properties be taken in Government supervision, attached and put to Eksala Laoni. Aggrieved thereby, the present petitioners preferred appeal before the Collector, Beed U/s 11 of the said Act. The Additional Collector, allowed the said appeal and set aside the order of the Deputy Collector (Atiyat). Aggrieved thereby, the Wakf Board preferred Revision before the MRT. The Tribunal allowed the said Revision, setting aside the order of the Additional Collector and confirming the order of the Deputy Collector. Aggrieved thereby, the present Writ Petition is filed. 5. With the assistance of the learned 4 W.P.No.4214/10 counsel for the petitioner and the Wakf Board, I have gone through the impugned orders. Mr.Pathan, learned counsel tried to submit that the Deputy Collector had called for the report of the Tahsildar and had satisfied itself about the illegal transactions. The said finding is based on record and the MRT was justified in confirming the same. 6. Perusal of the judgment of the MRT shows that it has not considered the alleged transactions independently but has observed that the Additional Collector without calling the record has decided the appeal and according to him the decision of the Deputy Collector appears to be reasonable and proper. 7. The Additional Collector exercising the appellate jurisdiction is expected to reappreciate the facts and the evidence on record. If the MRT was of the opinion that the Additional Collector, without calling for the record and without appreciating the transaction set aside the order of the Deputy Collector, it 5 W.P.No.4214/10 should have remitted the matter to the Additional Collector or should have himself scanned the said transactions. The MRT has failed in this regard. 8. In view of the above, I quash and set aside the orders passed by the Additional Collector and the MRT and remit the matter back to the Additional Collector, Beed, who shall decide the said proceedings/appeal filed by the petitioners against the orders of the Deputy Collector (Atiyat) dated 15.8.2000 afresh after giving opportunity to the respective parties. Till the decision in the appeal by the Additional Collector, Beed, the parties shall maintain statusquo in respect of the properties involved in the present litigation. 9. The Writ Petition is accordingly disposed of with aforesaid directions and observations. No costs. 10. The R & P be sent back forthwith to the 6 W.P.No.4214/10 Additional Collector, Beed. (S.V.GANGAPURWALA,J.) asp/office/wp4214.10