: 1 : wp-9185-03.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9185 OF 2003 Mahadeo Bhau Bhandalkar & Ors. ... Petitioners V/s. Dilip Bandu Madane & Ors. ... Respondents Mrs. Shakuntala Mudbidri for the Petitioners Mr. V.S.Talkute for Respondent Nos.9 to 12 CORAM: S.C.DHARMADHIKARI, J. DATE: AUGUST 10, 2011. P.C.: 1 By this Petition under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 16-4-1992 passed by the Additional Commissioner Pune Division, Pune and the order of the Additional Collector dated 31-8-2002. 2 The proceedings have been initiated on the basis that the Petitioners are the successors of the original vatandars. The Respondents initiated proceedings by filing Vatan Appeal No.2 of 1993 challenging the order of re-grant passed in favour of the Petitioners. That appeal was dismissed with liberty to file appropriate proceedings before the Collector Satara. Being aggrieved by this order dated 20-6-1998 the Respondents filed the Vatan Appeal before Additional Collector, Satara who passed an order on 31-8-2002 declaring Respondent Nos.9 to 12 as tenants and authorised : 2 : wp-9185-03.sxw occupants of the land, that order was confirmed by the Additional Commissioner on 16-4-2003 by dismissing the Petitioners Appeal. That is why this Writ Petition has been filed 3 There was a civil suit filed which came to be decreed on 29-8-1994. That decree was confirmed by the District Judge on 24-8-2000. A Regular Darkhast Application is filed which is pending. 4 In the meanwhile, proceedings under Section 32-G of the Bombay Tenancy and Agricultural Lands Act 1947 were also initiated by Respondent Nos.9 to 12. Presently a Revision Application at the instance of the present Petitioners, is pending before the Maharashtra Revenue Tribunal. 5 It is stated that all three proceedings would come to an end as the matter has been mutually resolved and amicably settled. There were prolonged negotiations and at the end of which, both sides have agreed that the matter can be settled amicably. The Petitioners recognize the rights of the Respondents in the land. They have agreed to accept consideration in the sum of Rs.15 lacs which will be paid by the three demand drafts of Rs.5 lacs each. These demand drafts are drawn for convenience in the name of the Petitioner Nos.1, 4 and 9, each of them are present before the Court and they state that upon receipt of the demand draft the amount will be distributed amongst each of the Petitioners. They are giving undertaking to that effect to this Court that they : 3 : wp-9185-03.sxw will not hold Respondent Nos.9 to 12 responsible for any dispute inter se. Respondent Nos.9 to 12 have also undertaken to withdraw the Civil Revision which is pending in this Court. Equally the Petitioners agree to withdraw Regular Darkhast No.224 of 1995. The Petitioners also agree to withdraw the Revision Application No.47 of 2008, pending before the Maharashtra Revenue Tribunal. 6 The Consent Terms recording all this, have been tendered today. They are signed by the parties and by their respective Advocates. The thumb impressions have been identified. The Petitioners and the Respondents Advocates state that all parties are present before this Court. They are explained the consent terms in details with all their consequences. They are ready and willing to put an end to the dispute amicably. Each one of them state that they are party to the arrangement willingly and desire to put an end to a prolonged litigation of their own. Further, they state that the Consent Terms fully record the understanding and agreement between the parties and there is no ambiguity therein. 7 Having satisfied myself, that a private dispute between two persons pertaining to an agricultural land is settled amicably and without any pressure or force, so also no third party interest being involved, the consent terms are taken on record and marked ‘X’ for identification. Having perused the Consent Terms, I am satisfied that they are not against any provisions of law nor are they contrary to public policy. In these : 4 : wp-9185-03.sxw circumstances, there will be an order in terms of this consent terms. The undertakings of the parties are accepted. The Writ Petition is disposed of in terms of the Consent terms. This order is passed in the presence of all parties and they are identified by both Advocates. 8 Mr. Talkute has handed over the three demand drafts in Court today to Mrs. Mudbidri, who states that they shall be handed over to the Petitioner Nos.1, 4 and 9 for distribution in terms of these Consent Terms. 9 All concerned to act on authenticated copy of this Order. Certified copy is expedited. (S.C.DHARMADHIKARI, J.)