(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 285 OF 2008 Govind Narayan Joshi, Age : 58 years, Occupation : Teacher, R/o. Sutar Galli, Jamner, Taluka : Jamner, District : Jalgaon. .. Petitioner. versus 1. Tahasildar, Jamner, District : Jalgaon. 2. Sub-Divisional Officer, Jalgaon. 3. Collector, Jalgaon. 4. Laxman Narayan Joshi, .. Petition dismissed Age : - , as against Respondent Occupation : - , no.4 as per order R/o. Sutar Galli, Jamner, dated 17-12-2008 Taluka : Jamner, District : Jalgaon. 5. Sow. Shalinibai w/o. Raghunath Hatlekar, Age : - , Occupation : - , R/o. Hatkar Weekly Market, Bamb Building, Near Ice Factory, Bhusawal, Taluka : Bhusawal, District : Jalgaon. .. Respondents. (2) ....................... Mr. M.V. Deshpande, Advocate, for the petitioner. Mr. K.B. Chaudhary, Assistant Government Pleader, for respondent nos.1 to 3. Petition dismissed as against respondent no.4 as per order dated 17-12-2008. ........................ CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 15TH JANUARY 2010 COURT'S ORDER : 1. A limited grievance is made in the present petition and the same is to the effect that proceedings were initiated before the Tahsildar under Section 32G of the Bombay Tenancy & Agricultural Lands Act, 1948 (For short, "the Act"), and Tahsildar passed an order, which order was challenged by the present petitioner by filing an appeal before the Sub-Divisional Officer. The Sub-Divisional Officer granted stay to the execution of the order impugned in the appeal. However, when the record and proceedings were summoned, the office of the (3) Sub-Divisional Officer was informed that the record is not available in the office of the Tahsildar. On account of the record being misplaced or lost, the present writ petition has been filed, making a grievance that the very initiation of proceedings under Section 32G of the Act were under forged signatures of the petitioner. 2. In this petition, a prayer is made for issuing direction to the authorities to search and trace the record of tenancy proceedings No. 10/1998 pertaining to Gut No. 385. 3. The Collector has filed an affidavit on record, wherein the Collector has stated that appropriate action against the erring Clerk and then Tahsildar (now retired) is being taken. 4. In the above factual background, we find that the following directions would subserve ends of justice. 5. Hence, we pass the following order : (i) The respondent nos.1 to 3 are directed to make an endeavor to search and trace the record of Tenancy Case No. 10/1998, disposed of by the Tahsildar (respondent no.1) and, in the event, if the record is traced, the same be made over to the respondent no.2 i.e. Sub-Divisional Officer, to facilitate (4) disposal of the pending appeal. (ii) In the event, if the record is not traced, in spite of efforts made in that direction, the respondent no.2 shall re-construct the record with the assistance of the parties. The action in that regard shall be completed within a period of three months from today. 6. With the above directions, the petition is disposed of. 7. Authenticated copy allowed for the use of the learned Assistant Government Pleader. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/wp285