1 WP 409.1990 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 409 OF 1990 Sau. Sarubai Hariba Dhongade .... PETITIONER V E R S U S Shankar Chandu Khomne and others .... RESPONDENTS Mr. C.V. Korhalkar, Advocate for the petitioner. Mr. S.S. Kulkarni, Advocate for Resp. 1 (a) to (d). CORAM : S.V. GANGAPURWALA, J. DATE :09/09/2011 ORAL ORDER : 1. The present respondent had initiated proceedings for fixing the purchase price of the suit land. The Additional Tahsildar fixed the purchase price at Rs. 2,300/- with simple interest @ 5 % per annum. The amount is to be paid within ten ( 10 ) equal instalments. The landlord/present petitioner filed Appeal before the Assistant Collector. The Assistant Collector partly allowed the Appeal and remanded the matter back to the Tahsildar. The landlord preferred Revision before the Maharashtra Revenue Tribunal [ For short, ‘ M.R.T. ’ 2 WP 409.1990 ], who partly allowed the said Revision and directed that the trial Court shall fix the price as per the provisions of section 32 ( H ) read with Section 63-A ( 3 ) of the Bombay Tenancy and Agricultural Lands Act [ For short, ‘ Tenancy Act ’ ]. The said order is assailed by the landlord. 2. Mr. Korhalkar, the learned counsel for the petitioner submits that the provisions of Section 32 ( H ) of the Tenancy Act are inapplicable to the present proceedings in as much as the land was given for cultivation of sugarcane crop and by virtue of Section 43-A (1) of the Tenancy Act, the said provisions of Section 32 are exempted. According to the learned counsel, said order as such is per se ex-facie illegal and deserves to be quashed and set aside. 3. Mr. S.S. Kulkarni, the learned counsel on instructions of the respondent submits that even otherwise the petitioner/landlord had claimed the purchase price at Rs. 12,000/- per Acre. The area involved is about 1 H. 8 R. and the respondent/tenant is ready to pay the amount. In view of that, the petitioner can not make any grievance. 4. In view of the above conspectus of the matter, there is no 3 WP 409.1990 need to decide the matter on merits as the respondent has shown his willingness to pay the amount as claimed by the petitioner before the authorities below. In view of that, the Writ Petition is disposed of with the following direction : The respondent shall pay the purchase price of the land S.No. 146/326 admeasuring 1 Hector 8 R. situated at Sonewadi, Tq. Kopargaon @ Rs. 12,000/- per Acre. The respondent shall deposit an amount of Rs. 26,400/- as purchase price to the Govt. Treasury to be paid to the petitioner. The said amount shall carry interest @ 6 % as simple interest since 27/07/1983. The said amount shall be deposited within the period of three ( 3 ) months from today. The amount earlier deposited shall be adjusted. The Writ Petition is disposed of. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 409.1991