: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.3238 OF 1989 WRIT PETITION NO.3238 OF 1989 WRIT PETITION NO.3238 OF 1989 1. Babu Maruti Dukare 1. Babu Maruti Dukare 1. Babu Maruti Dukare 2. Burhan Yasin Mulani (Since deceased) 2. Burhan Yasin Mulani (Since deceased) 2. Burhan Yasin Mulani (Since deceased) 3. Ganpat Sadashiv Teli (Kshirsagar) 3. Ganpat Sadashiv Teli (Kshirsagar) 3. Ganpat Sadashiv Teli (Kshirsagar) 4. Prabhakar Tulsiram Palkhe 4. Prabhakar Tulsiram Palkhe 4. Prabhakar Tulsiram Palkhe 5. Sou. Ratnamala Prabhakar Palkhe 5. Sou. Ratnamala Prabhakar Palkhe 5. Sou. Ratnamala Prabhakar Palkhe 6. Kum. Sangita Prabhakar Palkhe 6. Kum. Sangita Prabhakar Palkhe 6. Kum. Sangita Prabhakar Palkhe 7. Kaniklal Jeevanchand Doshi 7. Kaniklal Jeevanchand Doshi 7. Kaniklal Jeevanchand Doshi 8. Shrikant V. Jamdar 8. Shrikant V. Jamdar 8. Shrikant V. Jamdar 9. Suresh Ramchandra Palkhe 9. Suresh Ramchandra Palkhe 9. Suresh Ramchandra Palkhe 10. Jagannath Shivram Sutar (Palkhe) 10. Jagannath Shivram Sutar (Palkhe) 10. Jagannath Shivram Sutar (Palkhe) 11. Nitin Shankar Arwe 11. Nitin Shankar Arwe 11. Nitin Shankar Arwe 12. Rajendra Shivmurti Arwe 12. Rajendra Shivmurti Arwe 12. Rajendra Shivmurti Arwe 13. Dnyaneshwar Mahadu Phule 13. Dnyaneshwar Mahadu Phule 13. Dnyaneshwar Mahadu Phule 14. Shrirang Bhimrao Bansode (Deceased) 14. Shrirang Bhimrao Bansode (Deceased) 14. Shrirang Bhimrao Bansode (Deceased) 15. Ajit Tukaram Mane 15. Ajit Tukaram Mane 15. Ajit Tukaram Mane 16. Baban Maruti Dukare 16. Baban Maruti Dukare 16. Baban Maruti Dukare 17. Anil Champatrai Vaidya 17. Anil Champatrai Vaidya 17. Anil Champatrai Vaidya 18. Vijay Tukaram Mane 18. Vijay Tukaram Mane 18. Vijay Tukaram Mane 19. Smt. Hirabai Tukaram Mane 19. Smt. Hirabai Tukaram Mane 19. Smt. Hirabai Tukaram Mane 20. Smt. Janakabai Tukaram Mane 20. Smt. Janakabai Tukaram Mane 20. Smt. Janakabai Tukaram Mane All residents of Akluj, All residents of Akluj, All residents of Akluj, Taluka: Malshiras, District Solapur, Taluka: Malshiras, District Solapur, Taluka: Malshiras, District Solapur, 21. Madhukar Genu Chavan 21. Madhukar Genu Chavan 21. Madhukar Genu Chavan 22. Laxman Shankar Chavan 22. Laxman Shankar Chavan 22. Laxman Shankar Chavan 23. Smt. Gajrabai Keshavrao Nimbalkar 23. Smt. Gajrabai Keshavrao Nimbalkar 23. Smt. Gajrabai Keshavrao Nimbalkar 24. Dinkar Bhikaji Nimbalkar 24. Dinkar Bhikaji Nimbalkar 24. Dinkar Bhikaji Nimbalkar 25. Vasudeo Ganesh Kurudkar 25. Vasudeo Ganesh Kurudkar 25. Vasudeo Ganesh Kurudkar 26. Shankar Dattatraya Kurudkar 26. Shankar Dattatraya Kurudkar 26. Shankar Dattatraya Kurudkar 27. Shahaji Damu Jadhav 27. Shahaji Damu Jadhav 27. Shahaji Damu Jadhav 28. Suresh Damodar Jadhav 28. Suresh Damodar Jadhav 28. Suresh Damodar Jadhav Nos.21 to 28 all residents Nos.21 to 28 all residents Nos.21 to 28 all residents of Sawatgavhan, Taluka Malshiras, of Sawatgavhan, Taluka Malshiras, of Sawatgavhan, Taluka Malshiras, Dist. Solapur. Dist. Solapur. Dist. Solapur. 29. Rajaram Jagannath Shinde 29. Rajaram Jagannath Shinde 29. Rajaram Jagannath Shinde residing at Mali Nagar, residing at Mali Nagar, residing at Mali Nagar, Tal: Malshiras, Dist. Solapur. ...Petitioners. Tal: Malshiras, Dist. Solapur. ...Petitioners. Tal: Malshiras, Dist. Solapur. ...Petitioners. V/s. V/s. V/s. 1. The State of Maharashtra 1. The State of Maharashtra 1. The State of Maharashtra (through the Secretary, (through the Secretary, (through the Secretary, Revenue and Forest Department, Revenue and Forest Department, Revenue and Forest Department, Mantralaya, Bombay) Mantralaya, Bombay) Mantralaya, Bombay) 2. The Commissioner, Pune Division, 2. The Commissioner, Pune Division, 2. The Commissioner, Pune Division, Pune. Pune. Pune. : 2 : 3. The Collector, District Solapur 3. The Collector, District Solapur 3. The Collector, District Solapur 4. The Deputy Collector, 4. The Deputy Collector, 4. The Deputy Collector, Pandharpur Division, Pandharpur Division, Pandharpur Division, having his office at Pandharpur having his office at Pandharpur having his office at Pandharpur Dist. Solapur. Dist. Solapur. Dist. Solapur. 5. The Sub Divisional Officer 5. The Sub Divisional Officer 5. The Sub Divisional Officer Pandharpur, Pandharpur, Pandharpur, Dist. Solapur. ...Respondents. Dist. Solapur. ...Respondents. Dist. Solapur. ...Respondents. Shri M.L.Patil, advocate for petitioner Shri M.L.Patil, advocate for petitioner Shri M.L.Patil, advocate for petitioner nos.1,3,4,5,10,11,13 to 15, 17 to 25, 27 and 28. nos.1,3,4,5,10,11,13 to 15, 17 to 25, 27 and 28. nos.1,3,4,5,10,11,13 to 15, 17 to 25, 27 and 28. Petitioner Nos.2,6,7,8,9,12,16 and 29 are served. Petitioner Nos.2,6,7,8,9,12,16 and 29 are served. Petitioner Nos.2,6,7,8,9,12,16 and 29 are served. Writ Petition stands dismissed against the petitioner Writ Petition stands dismissed against the petitioner Writ Petition stands dismissed against the petitioner no.26. no.26. no.26. Shri C.R.Sonawane, A.G.P. for Respondent Nos.1 to 5. Shri C.R.Sonawane, A.G.P. for Respondent Nos.1 to 5. Shri C.R.Sonawane, A.G.P. for Respondent Nos.1 to 5. WITH WITH WITH WRIT PETITION NO.797 OF 1991 WRIT PETITION NO.797 OF 1991 WRIT PETITION NO.797 OF 1991 Smt. Rajanibai Madhukar Sapkal ..Petitioner Smt. Rajanibai Madhukar Sapkal ..Petitioner Smt. Rajanibai Madhukar Sapkal ..Petitioner Vs. Vs. Vs. 1. The State of Maharashtra 1. The State of Maharashtra 1. The State of Maharashtra Through the Secretary, Through the Secretary, Through the Secretary, Revenue and Forest Department, Revenue and Forest Department, Revenue and Forest Department, Mantralaya, Bombay. Mantralaya, Bombay. Mantralaya, Bombay. 2. The Commissioner, 2. The Commissioner, 2. The Commissioner, Pune Division, Pune. Pune Division, Pune. Pune Division, Pune. 3. The Collector of Solapur, 3. The Collector of Solapur, 3. The Collector of Solapur, District Solapur. District Solapur. District Solapur. 4. The Sub Divisional Officer, 4. The Sub Divisional Officer, 4. The Sub Divisional Officer, Pandharpur Division, Pandharpur Division, Pandharpur Division, Pandharpur, Dist. Solapur. Pandharpur, Dist. Solapur. Pandharpur, Dist. Solapur. 5. Gopal Dattatray Kurudkar 5. Gopal Dattatray Kurudkar 5. Gopal Dattatray Kurudkar 6. Shivdas Shankar Kurudkar 6. Shivdas Shankar Kurudkar 6. Shivdas Shankar Kurudkar 7. Namdeo Shankar Kurudkar 7. Namdeo Shankar Kurudkar 7. Namdeo Shankar Kurudkar 8. Hari Shankar Kurudkar 8. Hari Shankar Kurudkar 8. Hari Shankar Kurudkar : 3 : 9. Bandopant Shankar Kurudkar 9. Bandopant Shankar Kurudkar 9. Bandopant Shankar Kurudkar 10. Miss Bhivara Ganesh Kurudkar 10. Miss Bhivara Ganesh Kurudkar 10. Miss Bhivara Ganesh Kurudkar 11. Smt. Gangubai Ganesh Kurudkar 11. Smt. Gangubai Ganesh Kurudkar 11. Smt. Gangubai Ganesh Kurudkar 12. Vithal Ganu Chavan 12. Vithal Ganu Chavan 12. Vithal Ganu Chavan 13. Madhukar Ganu Chavan 13. Madhukar Ganu Chavan 13. Madhukar Ganu Chavan 14. Sambhaji Damu Jadhav 14. Sambhaji Damu Jadhav 14. Sambhaji Damu Jadhav 15. Shahaji Damu Jadhav 15. Shahaji Damu Jadhav 15. Shahaji Damu Jadhav 16. Yashwant Narayan Kurudkar 16. Yashwant Narayan Kurudkar 16. Yashwant Narayan Kurudkar 17. Trimbak Vithal Kurudkar 17. Trimbak Vithal Kurudkar 17. Trimbak Vithal Kurudkar 18. Bindumadhav Vithal Kurudkar 18. Bindumadhav Vithal Kurudkar 18. Bindumadhav Vithal Kurudkar 19. Ramkrishna Vithal Kurudkar 19. Ramkrishna Vithal Kurudkar 19. Ramkrishna Vithal Kurudkar 20. Vasudeo Ganesh Kurudkar 20. Vasudeo Ganesh Kurudkar 20. Vasudeo Ganesh Kurudkar 21. Suresh Damu Jadhav 21. Suresh Damu Jadhav 21. Suresh Damu Jadhav 22. Prabhakar Tulshiram Palkhe 22. Prabhakar Tulshiram Palkhe 22. Prabhakar Tulshiram Palkhe 23. Ganpat Sadashiv Kshirsagar (Teli) ...Respondents. 23. Ganpat Sadashiv Kshirsagar (Teli) ...Respondents. 23. Ganpat Sadashiv Kshirsagar (Teli) ...Respondents. Nos.5 to 15 and 20 to 21 all are Nos.5 to 15 and 20 to 21 all are Nos.5 to 15 and 20 to 21 all are residing at Sawa Gavan residing at Sawa Gavan residing at Sawa Gavan Nos.16 to 19 and 22 and 23 Nos.16 to 19 and 22 and 23 Nos.16 to 19 and 22 and 23 all residing at Akluj all residing at Akluj all residing at Akluj Tal: Malshiras, Dist. Solapur. Tal: Malshiras, Dist. Solapur. Tal: Malshiras, Dist. Solapur. Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik for the petitioners. for the petitioners. for the petitioners. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri M.L.Patil for respondent nos.5 to 23. Shri M.L.Patil for respondent nos.5 to 23. Shri M.L.Patil for respondent nos.5 to 23. WITH WITH WITH WRIT PETITION NO.798 OF 1991 WRIT PETITION NO.798 OF 1991 WRIT PETITION NO.798 OF 1991 Shri Madhukar Sadba Shivarkar ..Petitioner. Shri Madhukar Sadba Shivarkar ..Petitioner. Shri Madhukar Sadba Shivarkar ..Petitioner. V/s. V/s. V/s. 1. The State of Maharashtra 1. The State of Maharashtra 1. The State of Maharashtra Through the Secretary, Through the Secretary, Through the Secretary, Revenue and Forest Department, Revenue and Forest Department, Revenue and Forest Department, Mantralaya, Mumbai. Mantralaya, Mumbai. Mantralaya, Mumbai. : 4 : 2. The Commissioner, 2. The Commissioner, 2. The Commissioner, Pune Division, Pune. Pune Division, Pune. Pune Division, Pune. 3. The Collector of Solapur, 3. The Collector of Solapur, 3. The Collector of Solapur, Dist. Solapur. Dist. Solapur. Dist. Solapur. 4. The Sub Divisional Officer, 4. The Sub Divisional Officer, 4. The Sub Divisional Officer, Pandharpur Division, Pandharpur, Pandharpur Division, Pandharpur, Pandharpur Division, Pandharpur, Dist. Solapur. Dist. Solapur. Dist. Solapur. 5. Mallikarjun Digambar Adane 5. Mallikarjun Digambar Adane 5. Mallikarjun Digambar Adane 6. Janardan Sambhaji Pawar 6. Janardan Sambhaji Pawar 6. Janardan Sambhaji Pawar 7. Prabhakar Tulshiram Palkhe 7. Prabhakar Tulshiram Palkhe 7. Prabhakar Tulshiram Palkhe 8. Ganpat Sadashiv Kshirsagar ...Respondents. 8. Ganpat Sadashiv Kshirsagar ...Respondents. 8. Ganpat Sadashiv Kshirsagar ...Respondents. All residents of Akluj, All residents of Akluj, All residents of Akluj, Tal: Malshiras, Dist. Solapur. Tal: Malshiras, Dist. Solapur. Tal: Malshiras, Dist. Solapur. Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik for the petitioners. for the petitioners. for the petitioners. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri M.L.Patil for respondent nos.5 to 8. Shri M.L.Patil for respondent nos.5 to 8. Shri M.L.Patil for respondent nos.5 to 8. WITH WITH WITH WRIT PETITION NO.799 OF 1991 WRIT PETITION NO.799 OF 1991 WRIT PETITION NO.799 OF 1991 Prabhakar Mahadeo Shinde ..Petitioner Prabhakar Mahadeo Shinde ..Petitioner Prabhakar Mahadeo Shinde ..Petitioner V/s. V/s. V/s. 1. The State of Maharashtra 1. The State of Maharashtra 1. The State of Maharashtra Through the Secretary, Through the Secretary, Through the Secretary, Revenue and Forest Department, Revenue and Forest Department, Revenue and Forest Department, Mantralaya, Mumbai. Mantralaya, Mumbai. Mantralaya, Mumbai. 2. The Commissioner, 2. The Commissioner, 2. The Commissioner, Pune Division, Pune. Pune Division, Pune. Pune Division, Pune. 3. The Collector of Solapur, 3. The Collector of Solapur, 3. The Collector of Solapur, Dist. Solapur. Dist. Solapur. Dist. Solapur. 4. The Sub Divisional Officer, 4. The Sub Divisional Officer, 4. The Sub Divisional Officer, Pandharpur Division, Pandharpur, Pandharpur Division, Pandharpur, Pandharpur Division, Pandharpur, Dist. Solapur. Dist. Solapur. Dist. Solapur. 5. Chandshah Kasimshah Kazi 5. Chandshah Kasimshah Kazi 5. Chandshah Kasimshah Kazi residing at Kazi Galli, residing at Kazi Galli, residing at Kazi Galli, At Post Akluj, Dist.Solapur. At Post Akluj, Dist.Solapur. At Post Akluj, Dist.Solapur. 6. Sudarshan Bhaichand Gandhi 6. Sudarshan Bhaichand Gandhi 6. Sudarshan Bhaichand Gandhi : 5 : 7. Vijaykumar Bhaichand Gandhi 7. Vijaykumar Bhaichand Gandhi 7. Vijaykumar Bhaichand Gandhi Nos.6 and 7 residing at Nos.6 and 7 residing at Nos.6 and 7 residing at Shivapur Peth, at Post Akluj, Shivapur Peth, at Post Akluj, Shivapur Peth, at Post Akluj, Dist. Solapur. Dist. Solapur. Dist. Solapur. 8. Shree Maruti Dev Trust, Akluj 8. Shree Maruti Dev Trust, Akluj 8. Shree Maruti Dev Trust, Akluj through Ganpat Sadashiv Kshirsagar through Ganpat Sadashiv Kshirsagar through Ganpat Sadashiv Kshirsagar as one of the trustees, as one of the trustees, as one of the trustees, At Post Office Akluj, At Post Office Akluj, At Post Office Akluj, Dist. Solapur. Dist. Solapur. Dist. Solapur. 9. Prabhakar Tulshiram Palkhe 9. Prabhakar Tulshiram Palkhe 9. Prabhakar Tulshiram Palkhe Near Mahatma Theatre, At Post Near Mahatma Theatre, At Post Near Mahatma Theatre, At Post Akluj, Dist. Solapur. Akluj, Dist. Solapur. Akluj, Dist. Solapur. 10. Ganpat Sadashiv Kshirsagar (Teli) 10. Ganpat Sadashiv Kshirsagar (Teli) 10. Ganpat Sadashiv Kshirsagar (Teli) Azad Chowk, At Post office Akluj, Azad Chowk, At Post office Akluj, Azad Chowk, At Post office Akluj, Dist. Solapur. ..Respondents. Dist. Solapur. ..Respondents. Dist. Solapur. ..Respondents. Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik for the petitioners. for the petitioners. for the petitioners. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri M.L.Patil for respondent nos.5 to 10. Shri M.L.Patil for respondent nos.5 to 10. Shri M.L.Patil for respondent nos.5 to 10. WITH WITH WITH WRIT PETITION NO.800 1991 WRIT PETITION NO.800 1991 WRIT PETITION NO.800 1991 Suvarna Vijayrao Raskar ...Petitioner. Suvarna Vijayrao Raskar ...Petitioner. Suvarna Vijayrao Raskar ...Petitioner. V/s. V/s. V/s. 1. The State of Maharashtra 1. The State of Maharashtra 1. The State of Maharashtra Through the Secretary, Through the Secretary, Through the Secretary, Revenue and Forest Department, Revenue and Forest Department, Revenue and Forest Department, Mantralaya, Mumbai. Mantralaya, Mumbai. Mantralaya, Mumbai. 2. The Commissioner, 2. The Commissioner, 2. The Commissioner, Pune Division, Pune. Pune Division, Pune. Pune Division, Pune. 3. The Collector of Solapur, 3. The Collector of Solapur, 3. The Collector of Solapur, Dist. Solapur. Dist. Solapur. Dist. Solapur. 4. The Sub Divisional Officer, 4. The Sub Divisional Officer, 4. The Sub Divisional Officer, Pandharpur Division, Pandharpur, Pandharpur Division, Pandharpur, Pandharpur Division, Pandharpur, Dist. Solapur. Dist. Solapur. Dist. Solapur. 5. Gopal Dattatray Kurudkar 5. Gopal Dattatray Kurudkar 5. Gopal Dattatray Kurudkar 6. Shivdas Shankar Kurudkar 6. Shivdas Shankar Kurudkar 6. Shivdas Shankar Kurudkar 7. Namdeo Shankar Kurudkar 7. Namdeo Shankar Kurudkar 7. Namdeo Shankar Kurudkar : 6 : 8. Hari Shankar Kurudkar 8. Hari Shankar Kurudkar 8. Hari Shankar Kurudkar 9. Bandopant Shankar Kurudkar 9. Bandopant Shankar Kurudkar 9. Bandopant Shankar Kurudkar 10. Miss Bhivara Ganesh Kurudkar 10. Miss Bhivara Ganesh Kurudkar 10. Miss Bhivara Ganesh Kurudkar 11. Smt. Gangubai Ganesh Kurudkar 11. Smt. Gangubai Ganesh Kurudkar 11. Smt. Gangubai Ganesh Kurudkar 12. Vithal Ganu Chavan 12. Vithal Ganu Chavan 12. Vithal Ganu Chavan 13. Madhukar Ganu Chavan 13. Madhukar Ganu Chavan 13. Madhukar Ganu Chavan 14. Sambhaji Damu Jadhav 14. Sambhaji Damu Jadhav 14. Sambhaji Damu Jadhav 15. Shahaji Damu Jadhav 15. Shahaji Damu Jadhav 15. Shahaji Damu Jadhav 16. Yashwant Narayan Kurudkar 16. Yashwant Narayan Kurudkar 16. Yashwant Narayan Kurudkar 17. Trimbak Vithal Kurudkar 17. Trimbak Vithal Kurudkar 17. Trimbak Vithal Kurudkar 18. Bindumadhav Vithal Kurudkar 18. Bindumadhav Vithal Kurudkar 18. Bindumadhav Vithal Kurudkar 19. Ramkrishna Vithal Kurudkar 19. Ramkrishna Vithal Kurudkar 19. Ramkrishna Vithal Kurudkar 20. Vasudeo Ganesh Kurudkar 20. Vasudeo Ganesh Kurudkar 20. Vasudeo Ganesh Kurudkar 21. Suresh Damu Jadhav 21. Suresh Damu Jadhav 21. Suresh Damu Jadhav 22. Prabhakar Tulshiram Palkhe 22. Prabhakar Tulshiram Palkhe 22. Prabhakar Tulshiram Palkhe 23. Ganpat Sadashiv Kshirsagar (Teli) ..Respondents. 23. Ganpat Sadashiv Kshirsagar (Teli) ..Respondents. 23. Ganpat Sadashiv Kshirsagar (Teli) ..Respondents. Nos.5 to 15 and 20 to 21 all are Nos.5 to 15 and 20 to 21 all are Nos.5 to 15 and 20 to 21 all are residing at Sawa Gavan residing at Sawa Gavan residing at Sawa Gavan Nos.16 to 19 and 22 and 23 Nos.16 to 19 and 22 and 23 Nos.16 to 19 and 22 and 23 all residing at Akluj all residing at Akluj all residing at Akluj Tal: Malshiras, Dist. Solapur. Tal: Malshiras, Dist. Solapur. Tal: Malshiras, Dist. Solapur. Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik Shri V.A.Thorat, the Senior Counsel with Vineet B. Naik for the petitioners. for the petitioners. for the petitioners. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri C.R.Sonawane, AGP for the respondent nos.1 to 4. Shri M.L.Patil for respondent nos.5 to 23. Shri M.L.Patil for respondent nos.5 to 23. Shri M.L.Patil for respondent nos.5 to 23. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. RESERVED ON: 27th November, 2006. RESERVED ON: 27th November, 2006. RESERVED ON: 27th November, 2006. PRONOUNCED ON: PRONOUNCED ON: PRONOUNCED ON: 22nd December, 2006. : 7 : JUDGMENT: (Per J.H.Bhatia, J.) JUDGMENT: (Per J.H.Bhatia, J.) JUDGMENT: (Per J.H.Bhatia, J.) 1. All these writ petitions may be disposed off by 1. All these writ petitions may be disposed off by 1. All these writ petitions may be disposed off by the common judgment as they arise out of the same facts the common judgment as they arise out of the same facts the common judgment as they arise out of the same facts and circumstances. and circumstances. and circumstances. 2. To state in brief, Saswad Mali Sugar Factory 2. To state in brief, Saswad Mali Sugar Factory 2. To state in brief, Saswad Mali Sugar Factory Limited, Malinagar, Taluka:Malshiras, District Solapur Limited, Malinagar, Taluka:Malshiras, District Solapur Limited, Malinagar, Taluka:Malshiras, District Solapur was registered under the Companies Act sometimes in was registered under the Companies Act sometimes in was registered under the Companies Act sometimes in 1932-33. All the shares of the company were held by its 1932-33. All the shares of the company were held by its 1932-33. All the shares of the company were held by its founders, namely, Narayanrao Sopanrao Borawake, Bhagwan founders, namely, Narayanrao Sopanrao Borawake, Bhagwan founders, namely, Narayanrao Sopanrao Borawake, Bhagwan Maruti Jadhav and Haribhau Balwantrao Girme and their Maruti Jadhav and Haribhau Balwantrao Girme and their Maruti Jadhav and Haribhau Balwantrao Girme and their close relatives. Haribhau Balwantrao Girme was the close relatives. Haribhau Balwantrao Girme was the close relatives. Haribhau Balwantrao Girme was the Managing Director of the company from 1958 onwards. The Managing Director of the company from 1958 onwards. The Managing Director of the company from 1958 onwards. The company was registered with an object to start a factory company was registered with an object to start a factory company was registered with an object to start a factory for the manufacture of sugar. The company purchased for the manufacture of sugar. The company purchased for the manufacture of sugar. The company purchased about 1500 to 1600 acres of perennially irrigated land about 1500 to 1600 acres of perennially irrigated land about 1500 to 1600 acres of perennially irrigated land at Akluj, Bijwadi, Tambave and Mahalung villages in at Akluj, Bijwadi, Tambave and Mahalung villages in at Akluj, Bijwadi, Tambave and Mahalung villages in Malshiras Taluka. During the period from 1932 to 1940, Malshiras Taluka. During the period from 1932 to 1940, Malshiras Taluka. During the period from 1932 to 1940, the company also took on lease under registered lease the company also took on lease under registered lease the company also took on lease under registered lease deeds about 5000 acres of land from the owners in the deeds about 5000 acres of land from the owners in the deeds about 5000 acres of land from the owners in the aforesaid four villages. This was also perennially aforesaid four villages. This was also perennially aforesaid four villages. This was also perennially irrigated land and it was owned by about 200 to 250 irrigated land and it was owned by about 200 to 250 irrigated land and it was owned by about 200 to 250 farmers. After purchasing and taking lands on lease as farmers. After purchasing and taking lands on lease as farmers. After purchasing and taking lands on lease as stated above, the company created 125 subleases either stated above, the company created 125 subleases either stated above, the company created 125 subleases either : 8 : in favour of the directors or shareholders of the in favour of the directors or shareholders of the in favour of the directors or shareholders of the company. The Board of Directors used to decide about company. The Board of Directors used to decide about company. The Board of Directors used to decide about the creation of such subleases year to year but for a the creation of such subleases year to year but for a the creation of such subleases year to year but for a period of 11 months only. Every year the period of 11 months only. Every year the period of 11 months only. Every year the decisions were communicated to the concerned Talathis and names of the Talathis and names of the Talathis and names of the sub-lessees were recorded in the relevant records. Each sub-lessees were recorded in the relevant records. Each sub-lessees were recorded in the relevant records. Each of the sub-lessees was holding the land between 50 to of the sub-lessees was holding the land between 50 to of the sub-lessees was holding the land between 50 to 500 acres of irrigated land. The existence of 125 500 acres of irrigated land. The existence of 125 500 acres of irrigated land. The existence of 125 sub-lessees with their respective holdings continued sub-lessees with their respective holdings continued sub-lessees with their respective holdings continued till 26.1.1962. till 26.1.1962. till 26.1.1962. 3. The Maharashtra Agricultural Lands (Ceiling on 3. The Maharashtra Agricultural Lands (Ceiling on 3. The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 was enacted and came into force with Holdings) Act, 1961 was enacted and came into force with Holdings) Act, 1961 was enacted and came into force with effect from 26-1-1962. Under this act, certain limit effect from 26-1-1962. Under this act, certain limit effect from 26-1-1962. Under this act, certain limit was put on the agricultural holdings of individuals as was put on the agricultural holdings of individuals as was put on the agricultural holdings of individuals as well as families. The agricultural land held by any well as families. The agricultural land held by any well as families. The agricultural land held by any individual or family more than the ceiling limit was to individual or family more than the ceiling limit was to individual or family more than the ceiling limit was to be declared as a surplus and was to be distributed as be declared as a surplus and was to be distributed as be declared as a surplus and was to be distributed as per the scheme under the said Act. Under Section 12, a per the scheme under the said Act. Under Section 12, a per the scheme under the said Act. Under Section 12, a person or a family unit holding land in excess of the person or a family unit holding land in excess of the person or a family unit holding land in excess of the ceiling area was required to submit returns. The cut ceiling area was required to submit returns. The cut ceiling area was required to submit returns. The cut off date was 4th August, 1959 for the purpose of off date was 4th August, 1959 for the purpose of off date was 4th August, 1959 for the purpose of determining as to whether a person was holding any land determining as to whether a person was holding any land determining as to whether a person was holding any land in excess of the ceiling. The directors and in excess of the ceiling. The directors and in excess of the ceiling. The directors and shareholders of the said company were holding huge area shareholders of the said company were holding huge area shareholders of the said company were holding huge area of agricultural land while the ceiling was only 18 acres of agricultural land while the ceiling was only 18 acres of agricultural land while the ceiling was only 18 acres : 9 : in the case of irrigated land. In view of this if the in the case of irrigated land. In view of this if the in the case of irrigated land. In view of this if the true returns would have been submitted by the said true returns would have been submitted by the said true returns would have been submitted by the said company and 125 sub-lessees of the company,