JUDGMENT - BOBDE S.A., J.:—Heard Shri Gordey, the learned Counsel for the petitioners, and Shri Doifode, the learned A.G.P. for the respondents.

2.One Shri Prakash Shankarrao Deshmukh was granted Bhumidhari rights in nazul land, under the Madhya Pradesh Land Revenue Code, 1954, on lease. The grant was in respect of Survey No. 98, which was in context of E-Class of land situated within the limits of the Municipal Council. The grant was on payment of premium of Rs. 13,800/-. The annual rent was fixed at the rate of Rs. 450/- per annum with effect from 1969-70. The certificate itself stated that grant is subject to the provision of Madhya Pradesh of Land Revenue Code, 1954 and Rules made thereunder.

3.The question is whether the revenue authorities were entitled under the Maharashtra Land Revenue Code, 1966 to revise annual rent fixed at Rs. 450/- per annum in the year 1987 when the original assessment was made in 1965.

4.The Sub Divisional Officer has in suo motu proceeding commencing from 26-6-1987 revised rate from Rs. 450/- per annum to Rs. 3643/ per annum. The Sub Divisional Officer revised rent and increased it without issuing any notice to the lesses, prior to the revision. The S.D.O. started this proceeding in the year 1987. Firstly, on the basis that the lease commenced from the date of handing over the possession of the land on 1.12.1969 and therefore, not on the date of certificate in form "K" ; secondly, on the basis that on the day the lease commenced on 1-12-1969, it was governed by the provision of Maharashtra Land Revenue Code, which came into force on 15th August, 1967. Therefore, the S.D.O. held that he was entitled to revise the rent since the period of 10 years had elapsed from the date of grant. This was done on the basis that under section 113 of Maharashtra Land Revenue Code, the standard rent of non-agricultural assessment remained in force for the a period of 10 years vide section 113(3) of the Code, and therefore, S.D.O. was entitled to revise the rent.

5.The lessee preferred on appeal against the assessment before the R.D.C., Buldana. This appeal has also been dismissed by R.D.C. on the same ground that the lease commenced in this case with effect from 1-12-1969 i.e. upon handing over the possession of the land, and therefore, the lease is governed by the provisions of Maharashtra Land Revenue Code. Further, since the standard rates of non-agricultural assessment, which was sanctioned under the provisions of Madhya Pradesh Land Revenue Code on 14-12-1962 were remained to be in force for the period of 12 years. The authorities were entitled to alter or increase the rent, as required by section 93 of Madhya Pradesh Land Revenues Code, 1954. The Appellate Authority took the view that since the standard rates for non-agricultural assessment were fixed under the Madhya Pradesh Land Revenue Code, on 14-12-1962, they were remained in force till 1972 that is for the period of ten years and therefore, revision is justified in accordance with revised rates.

6.Aggrieved by this order, the lessee preferred a revision before the Additional Commissioner, Amravati, who by his order dated 22nd March, 1990 has upheld the order of the revision of rent. It must be noted that the Sanad i.e. the certificate under form "K", by which the land was granted, was produced before the Additional Commissioner, Amravati, who has held that the Sanad did not provide rent fixed thereunder would remain the same for a period of 30 years. In fact, the learned Additional Commissioner took the view that since, in Column No. 4 of the Sanad, it has been stipulated that the land revenue will be applicable at the time of revision of assessment, as per Rules, and since the assessment has become due, the revision for enhancing of rent by the authorities is legal.

7.Having heard the learned Counsel appearing for the parties, I am satisfied that the orders of the below authorities are not sustainable.

8.Mr. Gordey, the learned Counsel for the petitioners

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