Dismissed

Manoharrao Gunwantrao Patil v. Ganpati Malhari Koli and Ors.

Bombay HC24 Apr 2013WP/383/2012

Case brief

AI extract

What is this about?

This High Court dismissed a writ petition challenging a measurement of suit land and a finding that the land was surrendered by the tenant in 1954. The court held that raising doubts about the measurement officer's conduct was insufficient to set aside the findings and that the petitioner's delayed and inconsistent contentions perturbed the authorities' concurrent judgment.

What did the court decide?

null

Manoharrao Gunwantrao Patil Vs Ganpati Malhari Koli and… — Landlord and Tenant | Bombay HC (2013)

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1 wp383.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.383 OF 2012

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Manoharrao s/o Gunwantrao Patil,
Age: 62 years, Occ: Agri.,
R/o. Borul, Tq. Deoni,
District Latur. ...PETITIONER

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VERSUS

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Ganpati s/o Malhari Koli,
Age: 72 years, Occ: Agri.,
R/o. Borul, Tq. Deoni,
Dist. Latur, and another. ...RESPONDENTS

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...

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Mr. A.A. Khande, Advocate h/f Mr. G.V. Sukale,
Advocate for petitioner.

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...

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CORAM: S.S. SHINDE, J.

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 DATE : 24th APRIL, 2013

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PER COURT :

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.Heard the learned Counsel appearing for

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the petitioner. The petitioner did raise two-fold

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contention before the Tahasildar. Firstly, that

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there is no proper measurement of the suit land

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and also there is no joint measurement. The
petitioner did raise doubt about the conduct of

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2 wp383.12

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the officer who has measured the land. The Counsel

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for the petitioner submits that, in the first
place the said measurement was not correct and
secondly, there was no joint measurement. It is
further submitted that, in the year 1954 the
tenant has surrendered the land to the landlord

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and therefore, there is no question of further
adjudication of the issue involved in the matter.

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2.I have heard the Counsel for the

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petitioner, carefully perused the findings

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recorded by the Tahsildar and confirmed by the
Deputy Collector and Additional Commissioner. It
appears that, the petitioner has made inconsistent
statements at different times as observed by the
Tahsildar in paragraph-5 of the impugned judgment.

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Apart from that, it further appears that, the
T.I.L.R. Udgir was appointed for measurement of

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the land. Merely raising doubt about the conduct
of the said officer would not wash out the
measurement carried out by the concerned officer
in accordance with the relevant procedure.

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3 wp383.12

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3.Apart from above, in the year 2001 for
first time, the petitioner contended that, the
land in question has been given back/surrendered
by the protected tenant way back in the year 1954.
The said contention of the petitioner has not been
accepted by the authorities below. There are
concurrent findings of facts recorded by the
authorities below. In my opinion, there is no
perversity. As such, the writ petition is devoid
of any merits and same stands rejected.

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 [S.S. SHINDE, J.]

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sut/Apr13

Manoharrao Gunwantrao Patil v. Ganpati Malhari Koli and Ors.

Case brief

What is this about?

What did the court decide?

Manoharrao Gunwantrao Patil v. Ganpati Malhari Koli and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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