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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
MANJUSHA DESHPANDE, J
Dada Kondiba Misal – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[MANJUSHA DESHPANDE, J.]
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Advocates for the respective parties.
2. The Petitioner, by way of this Writ petition, has challenged order dated 23rd October, 2018 passed by State Minister for Revenue and Forest in Second RTS Revision No. 3318/1019 Pra. Kra.198/Javak-6 and is also seeking direction that judgment and order dated 26th December, 2016 passed by Divisional Commissioner, Nashik in RTS Revision (Appeal) No. 604 of 2012 along with order dated 10th December, 2012 passed by Additional Collector, Ahmednagar in Second RTS Appeal No. 73 of 2012 be quashed and set aside. By way of amendment, the Petitioner is also seeking direction that, the Gift Deed dated 18th January, 2024 executed by Respondent No. 6 in favour of Respondent No.7 be declared as not binding on the Petitioner and quash and set aside Mutation Entry No. 4119 effected on the basis of Gift Deed and consequential entries in 7/12 extract in respect of land bearing Gut No. 31 situated at Mauje Kokangaon, Taluka – Shrigonda, District – Ahmednagar.
3. Contention of the Petitioner is that, he is son of Respondents No. 6 and 7, namely
The mutation of self-acquired property requires a relinquishment deed and cannot be authorized by revenue authorities without jurisdiction, particularly when delay in appeal is not condoned.
The main legal point established in the judgment is that an appeal filed beyond the statutory period of limitation must be accompanied by a formal application for seeking condonation of delay, and th....
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.
Jurisdiction of revenue authorities to issue mutation orders upheld when confirmed ownership certificates exist, superseding prior claims based on disputed titles.
Complicated inheritance disputes regarding land rights should be resolved through regular civil suits, not summary mutation proceedings, as determined under applicable land laws.
it was impermissible to Collector to have taken the entries nos.2208 and 2209 in suo motu revision after a period of almost close to five years. Therefore, the exercise of power by the Collector in t....
The main legal point established is the requirement of notice and opportunity of hearing to the petitioner before passing orders under Sec.5(3) of the A.P. Record of Rights in Land and Pattedar Passb....
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