1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 2544/2008 Madhao Barkaji Thor ..vs.. Vijay Manohar Hardas and ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Dadhe, Advocate for the petitioner. CORAM: B. P. DHARMADHIKARI, J. DATED : 16 th OCTOBER, 2008 1. Heard Mr. Dadhe, Advocate for the petitioner. 2. The contention of the petitioner is that he had become owner under the provisions of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 because of order dated 12.12.1966 and this ownership has not been considered by the Authorities while passing the impugned order. He contends that orders dated 18.01.2007 by Tahsildar and order dated 30.01.2008 by Sub Divisional Officer are, thus, unsustainable. 3. I have perused the records and I find that the Tahsildar as also the Sub Divisional Officer have only implemented the order dated 30.03.1991 of Sub Divisional Officer, Morshi in Tenancy Case No. 59(10 2 F)/Isambari/Land/2/6970 whereby the Sub Divisional Officer found that the respondents being ex Millitary personnel were entitled to the exemption and their land, therefore, could not have been given to the petitioner. The said order of Sub Divisional Officer was challenged further and ultimately in Writ Petition Nos. 1773/1997 and 1774/1997 before this Court, which are dismissed. The contention that the writ petitions are dismissed in default has got no relevance because the order of Sub Divisional Officer dated 30.03.1991, mentioned above, has attained finality. The Tahsildar was duty bound to enforce the said order. I do not find any perversity or jurisdictional error. The writ petition is, therefore, dismissed with no order as to costs. JUDGE kahale