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ROHIT B. DEO
Vijay Anandrao Moghe – Appellant
Versus
Additional Collector/sub-divisional Officer – Respondent
JUDGMENT
1. Heard. Rule. Rule made returnable forthwith. With consent, the petition is heard finally.
2. The petitioners are assailing the consistent and concurrent views of the Tahsildar, Digras and the Additional Collector/Sub-Divisional Officer, Pusad which have held that the sale-deed executed by Mr. Kanha Namaji Nisande in favour of petitioner 1-Mr. Vijay Anandrao Moghe in relation to the agricultural field assigned Gat 76/2, admeasuring 1.61 H.R. situated at Mouza-Vasantpur Kharda is illegal as being contrary to the provisions of Section 36 of the Maharashtra Land Revenue Code (Code). The premise on which the sale-deed is held illegal and the possession of agricultural field is directed to be restored to respondents 4 to 6 who claim to be the legal heirs of Mr. Kanha Namaji Nisande, is that the prior sanction of the Collector to the transfer is not obtained.
3. The genesis of the orders impugned is an application preferred by respondents 4 to 6 to the Tahsildar, Digras dated 17-6-2019 contending that the said respondents are members of the Andh Scheduled Tribe and that the agricultural field in question was owned by and in possession of the grandfather of respondents Shankar and
The main legal point established is that the previous sanction of the Collector is necessary for the transfer of agricultural land between tribals to protect them from exploitation, as mandated by Se....
Civil Law - Land - Sanction of Collector under Section 36A for transfer - Permission/sanction letter - Tribal lands to Non-tribals lands - It is true that Rule 4 of said Rules provides that Collector....
(1) There is no bar for a tribal to enter into an agreement to sell and seeking advance sale consideration.(2) If a property is not transferable without permission of authority, an agreement to trans....
The main legal point established in the judgment is that the possession of the land with the transferee from the date of the Agreement to Sell, and the passing of a consent decree, rendered the trans....
The court affirmed the State's authority to impose a minimum price condition for tribal land transfers under Section 36A of the MLRC, emphasizing the need for current market value to protect tribal i....
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