30­wp­2023­11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2023 OF 2011 Khanderao Bhau Arage ..Petitioner Vs. Smt. Indubai Bhau Arage and Ors. ..Respondents Shri. S.G.Kudle advocate for petitioner Shri. Surel S.Shah advocate for respondent nos. 6 to 11 Ms. P.S.Cardozo AGP for respondent no.12 CORAM : S.C.DHARMADHIKARI, J. DATE : 20th JULY, 2011. P.C.: 1. The grievance raised by the petitioner is that when the decree for partition was made over to the revenue authorities, the Tahsildar did not issue any notice nor gave any hearing to the petitioner before determining the shares of parties as per the Chart/Vatap Patrak. 2. It is his grievance that respondent no.9 usurped all properties and even those which have been shown as shares of the petitioner. 3. It is not necessary to go into all these contentions in particular, whether the respondent no.9 has not dealt with the property which was to come to the share of the 1 30­wp­2023­11.doc petitioner because from a perusal of the affidavit filed by Shri. S.M.Herwade, Resident Naib Tahsildar for himself and on behalf of respondent no.12 to this petition, it is clear that although it is stated that notice was given and the petitioner was present on 24th October, 2005 after the partition chart was prepared and same was confirmed, it does not appear that the petitioner had notice of the subsequent date. The matter was taken up in November, 2005 and thereafter finally on 13th April, 2006 but the affidavit or the annexures do not show that the petitioner had notice of this date. 4. In such circumstances, although the proceedings have been concluded way back in April, 2006, since the decree was for partition and it is now stated that property which is coming to the share of the petitioner is unencumbered, interest of justice would be served if the Tahsildar gives a fresh opportunity to the petitioner and hear his objections with regard to the partition chart. The petitioner should appear before the Tahsildar. Parties to this writ petition shall appear before the Tahsildar, Taluka Shirol, Dist. Kolhapur on 3rd August, 2011 at 11.30 a.m. It is made clear that no fresh notice of the date of hearing will be given to the parties. The Tahsildar to endeavour and dispose of all 2 30­wp­2023­11.doc objections which may be raised by the petitioner to the partition chart as expeditiously as possible and within a period of four weeks from the date of appearance of the parties. The Tahsildar should consider the said objections including those raised in the present petition on their own merits and in accordance with law. All contentions in that behalf of the parties to the partition chart are kept open. 5. All concerned to act upon the authenticated copy of this order. [ S.C. DHARMADHIKARI, J. ] 3