IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, March 19, 2009.