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A. S. CHANDURKAR, M. W. CHANDWANI
Avinisha Realtors Pvt. Ltd – Appellant
Versus
Court Of Wards And Collector – Respondent
JUDGMENT
A.S.CHANDURKAR, J. - The challenge raised in this Writ Petition is to the notice dtd. 2/7/2020 issued by the in-charge Officer, Court of Wards, Nagpur. By the said notice, the predecessors of the petitioner - Company have been called upon to attend the hearing of the proceedings that was to be conducted by the Collector/ Commissioner of the Court of Wards. In the said notice, it was stated that there was an objection raised to the revenue record maintained with regard to Khasra No. 128/1, Mouza - Somalwada and in that context, the stand of the said vendors was sought.
2. The petitioner is a Company registered and incorporated under the Companies Act, 1956 (for short "the Act of 1956"). According to the Company, on 22/12/2008, it purchased various lands including land bearing Khasra No. 128/1, Mouza - Somalwada admeasuring 1 hectare 45 ares. Since then it is in possession and occupation of the Company. On 13/7/2018, respondent No.2 herein in his capacity as power of attorney holder for respondent Nos. 3 to 9 moved an application before the Tahsildar stating therein that the mutation entries in 7/12 extract had been incorrectly recorded. It was stated that respondent Nos. 3 to
The main legal point established in the judgment is the jurisdiction of the Court of Wards to adjudicate disputes over property ownership and mutation entries.
Superintendence over property does not automatically categorize an heir as a Government Ward under the Court of Wards Act, allowing independent claims to inheritance without Court sanction.
Challenging a Show Cause Notice invoking a court's writ jurisdiction is premature and discouraged by the mandate of the law. A Show Cause Notice does not give rise to a cause of action unless there i....
The Deputy Collector's notice issued beyond the one-year limit for calling records under the Tenancy Act was void, emphasizing the necessity of application of mind in such proceedings.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
The impugned notice lacked the basic element of opportunity to the noticee to rebut and defend the allegation imposed against him, and proposed an action to be taken under a non-applicable provision ....
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