wp4509.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ WP/4509/2011 SURESH SHANKAR ADDHALKAR AND ORS VERSUS THE TAHSILDAR YAVAL DIST NASHIK AND ORS ... Advocate for Petitioner(s) : Mr. Sanket S Kulkarni AGP for Respondent(s): Mr.D.R.Kale. ... CORAM : S.S. SHINDE, J. Dated: July 06, 2011 ... This writ petition has been filed challenging the order dated 18th August, 2010 passed by the Additional Commissioner, Nashik Division, Nashik. 2 The learned Counsel for the petitioners submitted that the certificate u/s 32M of the Bombay Tenancy and Agricultural Lands Act, 1948 was issued in the name of Babu, who died on 2nd February, 1971. However, the certificate u/s 32 of the wp4509.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ said Act was issued on 19.9.1984. Therefore, according to the learned Counsel for the petitioners, since such certificate should not have been issued in the name of a dead person, the question of entering name of his L.Rs. or mutating entries in the revenue record in the name of L.Rs. would not arise. He further submitted that the daughter is not entitled to get share of Babu since at the relevant time, the said provision entitling daughter was not in existence in Maharashtra and the same came in operation in the year, 2004. The revenue authorities cannot decide the question of ownership. Therefore, according to the Counsel for the petitioners, the orders passed by the Tahsildar and also by the Dy. Collector and Addl. Commissioner need to be upset. wp4509.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ 3 I have perused the orders passed by the Tahsildar, Deputy Collector and the Addl. Commissioner. All the three authorities have held that Babu's name was already entered in the certificate issued u/s 32M of the said Act and it is undisputed that the respondents are L.Rs. of the said Babu. Therefore, all the three authorities have concluded that the respondent No.2 is entitled to have entered her name in the possession column. The appellate authority as well as the revisional authority confirmed the decision of the Tahsildar to include the name of respondent No.2 in possession column in respect of Gut No.683 at village Yawal. 4 The another contention of the petitioners that the daughter has no right to have share in the property of father is not well founded. The wp4509.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ direction of the Tahsildar is in respect of showing the name of Respondent No.2 in possession column. 5 It is undisputed that though the certificate has been issued in the name of Babu as back as in the year, 1984, the action of the authorities to issue said certificate in the name of Babu was never challenged by the petitioners. Therefore, that inquiry cannot be reopened in these proceedings. 6 Taking overall view of the matter, I do not find any substance in the petition. Petition stands dismissed. (S.S. SHINDE, J.) PLK/*