wp4156.91 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 4156 OF 1991 Laxman S/o Mahadu & another ...Petitioners Versus Smt. Tolabai W/o Namdeorao Deshmukh and others ...Respondents ..... Mr. V.M. Kendre & R.T. Nagargoje , advocates for the petitioners Mr. S.V. Chandole, advocate for respondent Nos. 1 & 2 Mrs. V.A. Shinde, A.G.P. for respondent No. 3 ..... CORAM: S. S. SHINDE, J. DATED: 10th DECEMBER, 2010 PER COURT:- 1 This matter was listed for final hearing from time to time and lastly on 9-12-2010. The Counsel for the parties submitted that they wish to file minutes of order on record. Accordingly, today the matter is taken up for hearing. The minutes of Order were duly signed by Mr. R.T. Nagargoje, counsel appearing for the petitioner, Mr. S.V. Chandole, counsel appearing for respondent Nos. 1 & 2 and Mrs. V.A. Shinde, A.G.P. and are tendered the same across the bar. The said wp4156.91 2 minutes of order is taken on record and for identification marked as ‘X’. 3 On the basis of minutes of order I pass the following order. The Judgments and Order dated 27-02-1984, 28-09-1984 and 24-07-1986 passed by the State authorities and Maharashtra Revenue Tribunal are quashed and set aside, since the remand order dated 3-07-1963 passed in file No. LR/Appli/38-E2/2180-81, by Deputy Collector, Land Revenue was not followed. The matter is remanded back to the Tahsildar, Nanded to decide the case a fresh by giving an opportunity of hearing and by holding enquiry on following points as as per directions in Judgment and order dated 03-07-1963 in file No. LR/Appli/38-E2/2180-81. 1] The point of surrender and tenancy right in 1954 by the petitioner. 2] The point of partition in between Namdeorao and Rajeshwarrao before the notified date i.e. 25/05/1957. 3] The point of refusal of declaration of petitioner. 4] The point of holding of the respondents. 3. All points are kept open to be argued before the Tahsildar by the wp4156.91 3 respective parties. The Tahsildar is directed to decide the matter finally within one year, from the receipt of this order. The Writ Petition stands disposed of on above terms. ( S. S. SHINDE. J.) SDM*