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SANDEEP V. MARNE
Barku Govind Walve – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Rule. With the consent of the learned Counsel for parties, Rule is made returnable forthwith.
2. By this Petition, Petitioners challenge the order dated 19 July 2021 passed by the State Government (Minister-Revenue) thereby allowing the Appeal filed by the Respondent Nos. 2 to 4 under the provisions of Section 9 of the Maharashtra Inferior Village Watans Abolition Act, 1959 (‘Act of 1959’). While allowing the application filed by the Respondent Nos.2 to 4, the State Government (Minister-Revenue) has rejected the request of the Petitioners for regrant of the land under the provisions of Section 9 of the Act of 1959.
3. The case has chequered history. Land bearing Gat No.24/27 converted to Gat No.102 admeasuring 1 Hectare 72 Ares situated at Village Ganga Padali, Taluka and District Nashik, was formerly an inferior village watan land Class VI-B. After coming into force of the Act of 1959, the land was resumed by the State Government under the provisions of Section 4 and came to be re-granted to the original Watandar Mr. Baban Salve under Section 6 of the Act. Said Watandar Mr. Baban Salve executed Agreement for Sale dated 26 January 1967 and sold the land to Smt. Renubai W
The main legal point established in the judgment is that the provisions of Section 9 of the Maharashtra Inferior Village Watans Abolition Act, 1959 are inapplicable when the land has already been reg....
The central legal point established in the judgment is that the Maharashtra Inferior Village Watans Abolition Act, 1959 does not permit repeated regrants of watan land once regranted to an authorized....
The existence of a binding Civil Court decree on land ownership prohibits revenue authorities from ordering regrant under the Watan Abolition Act, pending resolution of appeals regarding land classif....
The decree of the Civil Court declaring land as non-Watan is binding on revenue authorities, and regrant under the Maharashtra Pargana and Kulkarni Watans (Abolition) Act, 1950 is invalid if the land....
A land sale finalized under old tenure is valid without needing permission, and re-opening resolved disputes requires substantial justification; delay affects maintainability of claims.
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
Point of Law : where the legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise o....
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