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.
[G.S. SINGHVI] New Delhi, March 19, 2009.