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2003 Supreme(Bom) 898

S.A.BOBDE
Shobha Prakash Deshmukh & others – Appellant
Versus
State of Maharashtra & others – Respondent


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


















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