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2004 Supreme(Bom) 1326

Bombay High Court
(September 22, 2004)
Ganapatrao Anandrao Bhosale
Versus
Dinkarrao Manyaba Bhosale

Headnote:BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948 Section 32 to 32-R- Maharashtra Revenue Patels (abolition of office) Act, 1962, Sections 5, 6 and 8- Resumption- Unless the land is re-granted to the land lord after resumption the provisions of sections 32 to 32-R will not apply. The order of re-grant was passed on 22.9.1989 but there was no relationship of landlord and tenant after the order of re-grant, therefore the tribunal committed error in holding that the tenant failed to give intimation to the landlord under Section 32-F(1)(a).The proceedings initiated under Section 32-G at the instance of the petitioner-tenant itself was redundant. The relationship between the parties in respect of the land in question would not be liable to be governed by the provisions of the Act. 2003(2) Mh LJ 381: 2003(1) All MR 1142.

       MAHARASHTRA REVENUE PATELS (ABOLITION OF OFFICE) ACT, 1962

       Sections 5,6 and 8 - See Bombay Tenancy and Agricultural Lands Act, 1948, Sections 32 to 32-R.

Judgment

D. B. BHOSALE, J.

( 1 ) THE petitioner-tenant has filed this petition under article 227 of the Constitution of India against the judgment and order dated 16. 8. 1990 rendered by the maharashtra Revenue Tribunal,pune, Camp at Kolhapur, in the revision application filed by respondent nos 1 to 3-landlords, by which their revision application has been allowed and the orders passed by the authorities below have been quashed and set aside.

( 2 ) THE proceedings were initiated under section 32g of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short, "act of 1948") in 1985 at the instance of anandrao Akaram Bhosale, father of the petitioner. Earlier, the proceedings under section 32g were initiated in 1958 and they were dropped on the ground that the landlady Jankibai was widow. Jankibai died on 17. 10. 1973. The A. L. T and the Assistant Collector, miraj Division, Miraj, by their orders dated 26. 5. 1986 and 1. 8. 1987 respectively, decided the proceedings in favour of the petitioner declaring him as deemed purchaser in respect of the land, in question, and fixed the purchase price under section 32g of the Act. That order was carried in the revision by the respondents.

( 3 ) ADMITTEDLY the land, in question, was Patel Watan land and it was governed by the provisions of the maharashtra Revenue Patels (Abolition Of Office) Act, 1962 (for short "act of 1962" ). The Act of 1962 came into force on 1. 1. 1963. On that date, the petitioner was in possession of the land in question. There does not seem to be any dispute that though the landlord being watandar was entitled to get the Watan land regranted to him under section 5 of the Act of 1962 he did not pay the occupancy price within the prescribed period and in the prescribed manner. The petitioner-tenant, admittedly, paid the occupancy price on 27. 12. 1965 and the regrant order in favour of the petitioner was passed on 22. 9. 1989.

( 4 ) SECTION 6 of the Act of 1962 clearly provides that when any watan land resumed under section 3 is held by an authorised holder, it shall on an application therefore be regranted to the authorised holder on payment by him to the State Government of the occupancy price mentioned in section 5 and subject to the like conditions and consequences; and all the provisions of section 5 shall apply mutatis mutandis in relation to the regrant of the land under this section to the authorised holder, as if he were a watandar. Section 5 deals with regrant of watan land to watandar. Under that provision, the watandar is empowered to pay the occupancy price and get the watan land regranted in his favour and the watandar on payment of the occupancy price becomes an occupant with in the meaning of the relevant Code, i. e The Bombay Land Revenue Code, 1879 in respect of the watan land and becomes primarily liable to pay land revenue to the State Government in accordance with the provisions of that Code and the rules thereunder. Sub-sections (2) and (3) and the proviso appended thereto of section 5 further provide the consequences of failure to pay the occupancy price and the conditions to be complied with by the landlord in violation to regrant of the watan land. Section 3 of the Act of 1962 deals with abolition of patel watans together with incidents thereof. The effect of the provisions of section 3 is that it abolishes all patel watans which upon abolition stand resumed subject to the provisions of sections 5,6 and 9. The appointed day as referred to in section 3 is 1. 1. 1963. 4. 1 The provisions of sections 5 and 6 of the Act of 1962 are absolutely clear which make "the Watandar" or "the authorised holder" an absolute owner of the watan land whosoever pays the occupancy price as contemplated under the provisions of sections 5 and 6 of the Act of 1962. An authorised holder of the watan lands gets right to pay the occupancy price under section 6 of the act of 1962 subject to the like conditions and consequences; and all the provisions of section 5 sha



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