WRIT PETITION NO.4200 OF 2014

High Court: Bombay High Court Bench: AURANGABAD
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Issue of Consideration

WRIT PETITION NO.4200 OF 2014

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Case Details

2022 LawText (BOM) (01) 8

Writ Petition No.4200 of 2014 along with Writ Petition No.3144 of 2015, Writ Petition No.8597 of 2017, Civil Application No.13351 of 2021 in Writ Petition No.8597 of 2017, Writ Petition No.4477 of 2020, Writ Petition No.5116 of 2020

2022-01-13

Mangesh S. Patil, J.

M.M. Bhokarikar, P.N. Kutti, Anil Anturkar, B.K. Patil

Gangaram Chhabildas Charity Trust, Yeola, through Trustees Dhavalchandra Tribhuvandas Patel, Atmesh Krishnadas Patel, Bhushan Vishnudas Patel, Dr. Yuvraj Dhavalchandra Patel

The State of Maharashtra through Secretary, Ministry of Revenue and Forest; The Collector Ahmadnagar; The Sub-Divisional Officer, Sangamner; The Sub-Divisional Officer, Shirdi; The Tahasildar Rahata; Smt. Anandibai Shekchand Pipada; Shri Chetan Ishwarlal Pipada

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Nature of Litigation

Multiple writ petitions concerning a dispute over agricultural land Survey No.114/Gat No.438/3 between a charitable trust and the legal heirs of original lessees.

Judgment Excerpts

One Tribhuvandas was the original owner of the writ property being land Survey No.114 corresponding to Gat No.438/3 admeasuring 17 Acres 39 Gunthes of Village Sakuri Tq. Kopergaon, District Ahmednagar. By executing a written lease dated 06.08.1955 Tribhuvandas leased out the writ property to Deepchand for a period of 15 years. Deepchand died on 25.01.1958. He was survived by son Shekchand and daughter in law Anandibai Shekchand. Tribhuvandas sold the writ property to one Gangaram Chhabildas Trust (herein after the Trust) under the registered sale deed dated 11.01.1962.

Procedural History

Writ Petition No.3144/2015 was withdrawn by the petitioner at the outset. Rule was issued in the remaining writ petitions and made returnable forthwith. Learned advocates for respondents waived service. At the joint request of parties, the matters were heard finally at the stage of admission. The court noted that the facts in all petitions are common and they are disposed of by a common judgment.

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