1 2168.11.wp.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2168 OF 2011 Shri. Subhash Shamrao Sawant and Ors .. Petitioners V/s. Shri. Dwarkanath Narayan Parab and Ors .. Respondents Mr. G. R. Rege, Senior Advocate i/b Leena S. Sawant, for Petitioner Nos. 1A to 4. Mr. Vishal B. Thadani, for Respondent No.4 CORAM : G. S. GODBOLE, J. DATE : NOVEMBER 14, 2011 P.C.:- Heard Mr. Rege, the learned Advocate appearing on behalf of the Petitioners, at some length. Mr. Rege submits that the Application No.49 of 1996 filed before the Tahsildar -Alibag could not have been considered to be an application under the provisions of Bombay Tenancy and Agricultural Lands Act, 1948. The Petitioners cannot be permitted to advance this submission for the simple reason that the Petitioners have themselves filed the Tenancy Appeal No. 14 of 2001 before the Sub- Divisional Officer and thereafter, Tenancy Revision Application No. 72/B/2002. Apart from this, it is clear that by judgment and order dated 2 2168.11.wp.sxw 26th April, 1978 passed in Tenancy Revision No. 415 of 1977, the order passed by SDO in Tenancy Appeal No. 6 of 1977 had been upheld. It is an admitted position that proceedings under Section 32G are decided in favour of deceased Narayan and certificate under Section 32M was also issued in his favour on 18.02.1991. In that view of the matter, all that was required to be done was to record the names of the heirs of the tenant purchaser as occupants in revenue record and Tahsildar has rightly passed the impugned order. There is no perversity in the finding nor there is any error of jurisdiction. Mr. Rege would, however, urge that deceased Narayan could not have been declared as tenant as he was the real brother of the original land lady late Bhagirathibai. This issue cannot be re-agitated in the present proceeding, as the said could have been raised only in the proceedings under Section 32G. Hence, even on that ground, this Writ Petition cannot be entertained. The Writ Petition is, therefore, rejected. ( G. S. GODBOLE, J. )