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2021 Supreme(Bom) 202

MILIND N.JADHAV
Balkrishna Sadashiv Thakur – Appellant
Versus
Prabhakar Sadashiv Thakur – Respondent


Advocates Appeared:
For the Petitioners:A.S. Khandeparkar a/w. Amogh Karandikar, Shubham Jawlekar i/by Khandeparkar & Associates, Advocates
For the Respondents:Vaibhav D. Kadam, Advocates, S.D. Rayrikar, AGP.

Judgement Key Points

Based on the provided legal document, the key legal issues and principles are as follows:

  1. Jurisdiction and Validity of Proceedings: The proceedings initiated by the respondents to challenge the mutation entry were found to be without jurisdiction because they were filed beyond the statutory limitation period and without a formal application for condonation of delay. Orders passed without condonation are considered null and void, rendering subsequent orders based on such proceedings also invalid (!) (!) (!) .

  2. Limitation and Condonation of Delay: The statutory period for filing appeals or challenges is limited (e.g., 60 days). If the challenge is filed beyond this period, it is necessary for the appellant to seek condonation of delay through a formal application. Without such an application and an order condoning the delay, the proceedings are barred by limitation and lack jurisdiction (!) (!) (!) .

  3. Jurisdictional Error and Nullity: Orders passed by authorities without first condoning the delay are considered to be passed without jurisdiction. Such orders are nullities and can be challenged at any stage, including during execution or appeal proceedings (!) (!) .

  4. Effect of Non-Compliance with Procedural Requirements: The failure to file a formal application for condonation of delay, despite raising the issue consistently, results in the proceedings being invalid. Authorities are required to examine and pass an explicit order on condonation of delay before proceeding on merits (!) (!) .

  5. Legal Principle of Jurisdictional Mandate: The legal framework mandates that authorities must follow procedural requirements strictly, including the condonation of delay, to have valid jurisdiction to decide on appeals or challenges. Orders passed in violation of these procedural mandates are void and can be set aside (!) .

  6. Consequences of Procedural Violations: Orders passed in proceedings where jurisdiction was lacking due to procedural lapses are inherently void, and subsequent orders based on such proceedings are also invalid. This underscores the importance of adherence to procedural requirements for maintaining jurisdiction (!) .

In summary, the legal document emphasizes that in revenue and property disputes, procedural compliance—particularly regarding limitation periods and condonation of delay—is fundamental for the validity of orders. Orders passed without proper condonation are nullities, and authorities acting without jurisdiction in such circumstances are liable to have their decisions set aside.


JUDGMENT :

1. Heard Mr. A.S. Khandeparkar along with Mr. Amogh Karandikar and Mr. Shubham Jawlekar, Advocates for the petitioners; Mr. Vaibhav Kadam, Advocate for respondent Nos.3, 8E, 9 and 10 and Mr. S.D. Rayrikar, AGP for respondent Nos.11A to 11C.

2. By the present petition filed under the provisions of Article 227 of the Constitution of India, petitioners are challenging the judgment and order dated 05.10.2017 passed by the Minister for Revenue, State of Maharashtra in revision proceedings under the provisions of Section 257 of the Maharashtra Land Revenue Code, 1996, (for short “the MLR Code”), dismissing the Revision Application filed by petitioners in respect of mutation entry No.508 dated 17.10.2010 pertaining to Gat No.54 admeasuring 08 Hectares 87 Ares of village Khairgavan, Tal. Yeola, Dist. Nashik. Mutation entry No.508 was certified on 17.10.2010 in the names of the petitioners i.e. four brothers namely, Balkrishna, Gopalkrishna, Vishwanath and Dattatraya. The fifth brother namely Ramkrishna had waived of his right/share in Gat No.54 in lieu of getting sole right in Gat No.59 following family partition. Therefore, after following due process of law as contemplated under

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