1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1426/2009 1] Mohan s/o Purbhaji Kapate Age 68 years, Occ-Agril 2] Gangaram S/o Purbhaji Kapate Age 65 years, Occ-Agri. 3] Khobraji s/o Purbhaji Kapate Age 59 years, Occ-Agri 4] Purbhaji S/o Mahadu Kapate Age 27 years, Occ-Agri 5] Balu S/o Mahadu Kapate Age 25 years, Occ-Agri 6] Maruti S/o Khobraji Kapate Age 26 years, Occ-Agri All R/o Yelegaon, Tq. Ardhapur Dist.Nanded. .. PETITIONERS VERSUS 1] Govind s/o Nagoba Kapate Age major, Occ-Agri 2] Bhimrao s/o Nagoba Kapate Age major, Occ-Agri 2 3] Manikrao s/o Nagoba Kapate Age major, Occ-Agri 4] Ramrao S/o Nagoba Kapate Age major, Occ-Agri 5] Venkati s/o Nagoba Kapate Age major, Occ-Agri. 6] Bramha s/o Kondaji Kapate Age major, Occ-Agri. All R/o Yelegaon, Tq.Ardhapur Dist.Nanded. [Leave to join authorities party to respondents As per Hon’ble Court order dated 17/4/2009] 7] Deputy Director of Land Records, L.R.Office, Collector office Road, Aurangabad. 8] District Superintendent of Land Records, Land Record Office, Shivaji Nagar Nanded. 9] Taluka Inspector of Land Records, Land Record Office, Shivaji Nagar, Nanded, Dist.Nanded. .. RESPONDENTS .... Shri V.D.Patnoorkar,Adv.for petitioners Shri P.R.Katneshwarkar,Adv.for Respondents 1 to 6. Shri K.M.Suryawanshi,A.G.P. For respondents 7 to 9. .... 3 CORAM : R.K.DESHPANDE,J. DATE : 29/6/2010. ORAL JUDGMENT: 1] This Writ Petition challenges the order dated 29/1/2009 passed by the Deputy Director of Land Records, Aurangabad in File No.Con/Appeal/SR/Skn/259/2007. The Petition also challenges the order dated 14/12/2006 passed by the Superintendent of Land Records in File No.Con/Appeal/SR-166/2006. By the order dated 14/12/06, the Superintendent of Land Records has carried out certain corrections in the revenue record in respect of Gut Nos.141 and 142. This was the subject matter of challenge in Appeal before the Deputy Director of Land Records. By an order dated 29/1/2009, although the Deputy Director of Land Records has set aside the order dated 15/12/2006, passed by the Superintendent of Land Records, he has held that Gut No.141 area 0.97 Aar should be recorded in the names of respondents in the present petition. Being aggrieved by this, the instant Writ Petition has been preferred. 2] Notice was issued in this matter on 17/4/2009 making it returnable. Interim relief in terms of prayer clause “C” was granted staying the effect and operation of the order passed by the Deputy Director of Lands Records on 29/1/2009. Shri 4 Katneshwarkar, the learned counsel waives service for respondents 1 to 6 and Shri Suryawanshi, the learned A.G.P. waives service for respondents 7 to 9. Rule. Rule made returnable forthwith. Matter is heard finally by consent of parties. 3] Survey No.64 was having area of 6 Hectares 94 Aar. It consists of 3 parts; 64-A, 64-B and 64-C. Area of 1 Hectare and 72 Aar contained in part 64-B was added in revenue record in the name of present petitioners. Survey No.65 consisted of total area of 8 Hectares 12 Aar divided in 3 parts 65-A, 65-B and 65-C. Part 65-B was shown in the names of present petitioners in the revenue record having area of 2 Hectares and 1 Guntha. Upon consolidation scheme being taken up, survey Nos.64 and 65 are given gat Nos.141 and 142. By the impugned order, it was directed that land admeasuring 0.97 Aar out of Survey No.141 should be recorded in the names of respondents. However, upon perusal of the record, it seems that the petitioners were shown to be the owners and in possession of Survey No.141 having area of 3 Hectares and 23 Aar only as against their claim for ownership and possession over 7 Hectares and 61 Aar. The lands will have to be measured and the report is required to be obtained. After taking into consideration the evidence produced by the parties in support of their rival claims, the matter is required to be decided. However, such exercise does not appear to have 5 been carried out. In view of this, the orders passed by the authorities below cannot be sustained. In order to resolve the real dispute between the parties, the matter will have to be sent back to the Superintendent of Land Records for decision afresh. 4] In the result, the instant Writ petition is allowed. The order dated 29/1/2009 passed by the Deputy Director of Land Records, Aurangabad and the order dated 14/12/2006, passed by the Superintendent of Land Records and quashed and set aside. The matter is sent back to the Superintendent of Land Records for decision afresh after taking into consideration the rival claims of the parties in the light of evidence produced by them and after obtaining the measurement report. The parties are at liberty to place before the Superintendent of Land Records such additional material as they deem fit and proper. 5] The Superintendent of Land Records shall decide the dispute within a period of 6 months from the date of receipt of the order of this Court. Rule is made absolute in the aforesaid terms. No order as to costs. [R. K. DESHPANDE, J.] umg/wp1426-09