1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3402 OF 2010 (Vitthal Appa Dongre & Ors. vs. Vitthal B. Dudhe & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 11, 2010. Shri Khapre, learned counsel for the petitioners, Shri Patrikar, learned counsel for respondent No. 1 and Shri Sonare, learned AGP for respondents No. 2 & 3. The matter is being heard by this Court since last 2 to 3 dates and for one reason or the other, the matter is being adjourned. The question is whether suit lands are included within limits of Municipal Council, Pusad, since the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as Vidarbha Act). The order of Maharashtra Revenue Tribunal (MRT) records that position before it in this respect was undisputed. However, the question was not raised before any of the lower authorities and for the first time in revision, the issue is considered by MRT. The petitioners are disputing the placement of land within Municipal limits and there is nothing on 2 record to show the basis for the finding reached by MRT about said placement being undisputed. The Respondents in spite of opportunity, is not in a position to show the basis for such finding. The other contention which arises as a corollary is if Section 60 of the Vidarbha Act applies, what is its effect on application under Section 38, moved earlier. As the questions go to the very root of the matter and MRT has also noticed that questions go to the root of the matter, necessary opportunity should have been given to the parties to meet the same. Today, both parties are trying to invite attention of the Court to some documents filed here to urge that the placement of land in Municipal limits or outside it is apparent. I am not inclined to examine said aspect for the first time in writ jurisdiction. Only to enable the parties to have appropriate opportunity in this respect, the judgment of the Maharashtra Revenue Tribunal, Nagpur dated 01.07.2010 in Tenancy Revision No.1/48/TNC-4/Pusad/04-05 is hereby quashed and set aside. The parties are directed to appear before MRT on 02.09.2010 and to file all their documents before it to substantiate their respective contentions. The MRT shall thereafter decide the relevant issues which arise for determination in the matter. All questions raised by the parties are kept open and can be raised before MRT. The question 3 whether such an issue can be raised for the first time in Revision under the Vidarbha Act can also be gone into by the Maharashtra Revenue Tribunal. The Maharashtra Revenue Tribunal, Nagpur, shall attempt to decide the matter as early as possible and in any case by 31st December 2010. Writ Petition is thus partly allowed. Rule is made absolute accordingly. However, in the facts and circumstances of the case, there shall be no order as to costs. JUDGE *GS.