Ors. Vs. V.B. Tilekar & Ors.  INSC 561 (19 March 2009)
JURISDICTION CIVIL APPEAL NO.8131 OF 2001 G.R. Lokhande & Ors.
...Appellant(s) Versus V.B. Tilekar & Ors. ...Respondent(s) O R D E R Heard
learned counsel for the parties.
By the impugned
order, the High Court allowed the writ petition and set aside the orders passed
by the Maharashtra Revenue Tribunal and the Sub-Divisional Officer, Sangamner.
In our view, the
crucial point, which was required to be considered by the High Court in the
writ petition, was the effect of notification issued under Section 43- A of the
Bombay Tenancy and Agricultural Lands Act, 1948, but the same having not been
done, the impugned order suffers from serious legal infirmity and the same is
liable to be set aside on this ground alone.
The civil appeal is
allowed, impugned order passed by the High Court is set aside and the matter is
remitted to it to consider and dispose of the writ petition afresh in
accordance with law.
As the proceeding was
initiated in the year 1972, the High Court is requested to dispose of the writ
petition within a period of six months from the date of receipt/ production of
copy of this order.