1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4524 OF 2010 (Hanumant s/o Vithalrao Patil vs. The State of Maharashtra and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mrs. M.A.Kulkarni, Adv., for the petitioner. Mrs. S.D.Shelke, AGP for respondent nos. 1 to 5. Mr.P.B.Gapat, Adv., for Respondent no.6. ... CORAM: K.U.CHANDIWAL, J. DATE: 1/10/2010 1. Heard. 2. Though different statements are made by the learned Counsel, it is apparent that present respondent was held entitled in the capacity as petitioner in Special Civil Application No. 1306/1964, dt.5th Oct.,1964, for an area of 8 acres, as a tenant. It was also directed that this 8 acres will include 4 acres already received by the present respondent. The controversy now revolves to the left over 4 acres 2 and certificate of ownership for said 4 acres of land. The learned Deputy Collector, Land Reforms, by his order dt.23.8.2002, on the appeal preferred by Hanumant ( present petitioner) has remitted the matter to the learned Tehsildar to decide from which land the 8 acres should be allowed to be retained by the petitioner. It was in pursuance to the orders of the High Court. 3. It is needless to indicate, since 1964, the respondent no.6 Dhanraj is out of enjoyment of the fruits of the left over 4 acres of the property. The lapses and laxity is certainly attributable to the concerned Revenue Authorities. The Revenue Authorities seized with the matter, particularly, learned Tehsildar shall decide the same and preferably in tune with the directions of this Court dt.5th Oct.,1964. 4. The learned Collector, Osmanabad, shall also ensure by 3 specific direction to the concerned Tehsildar to decide the application expeditiously. Copy of the present order be despatched to the learned Collector, Osmanabad, annexing copy of the orders in Special C.A.No.1306/1964 and orders of the Deputy Collector, dt.23.8.2002. 5. Now, turning to the case in hand of the present petitioner, it is apparent, the challenge to mutation entry No.13 will subsist so far as till issuance of certificate referred earlier is tested. Since the matter is sub judice before the learned Tehsildar, the mutation entry, for which orders are passed by the learned Additional Commissioner dt.30th April, 2010, will not be given effect to. Consequently, the orders of the learned Additional Commissioner, dt.30th April, 2010, is stayed. The same will have consideration only on the decision of the learned Tehsildar for four acres of the land to be allotted to respondent 4 no.6 pursuant to earlier directions. Needless to add, petitioner herein shall not create third party interests so far as four acres of land receivable by respondent no.6, subject of pendency of proceeding before learned Tehsildar. Writ Petition disposed of with above observations. No costs. (K.U.CHANDIWAL) JUDGE ... AGP/4524-10wp