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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
M. S. JAWALKAR
Moreshwar S/o Anandrao Sawarkar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the parties.
2. Being aggrieved by the order dated 28/11/2023 passed by the respondent no. 2, the learned Naib Tahsildar, in Ra.Ma.Kra.05/SRV-43/2023-24 of Mouza-Bhendala, Tahsil Saoner, District Nagpur.
3. Property no.1 and property no.2 were joint together and one piece of property consisting of 2.01 HR., which is herein after referred to as said entire field of Mouza- Bhendala. Petitioner no.1 is owner and possessor of property no.1 by virtue of registered sale-deed dated 31/07/2019 executed by Shri. Ramdas Krushnarao Nagpure in favour of petitioner no.1. It is submitted that the petitioner no.2 is the owner and possessor of property no.2 by virtue of registered sale-deed dated 13/01/2020 executed by Shri. Ramdas Krushnarao Nagpure in favour of petitioner no.2.
4. Property no.1 was mutated in 7/12 extract in the name of petitioner no.1 as well as the property no.2 was also mutated in the name of petitioner no. 2 in 7/12 extract by deleting the name of Ramdas Krushnarao Nagpure. The said entire field of Mouza-Bhendala was previously owned by predecessor in title of
The Naib Tahsildar's order was quashed for violating natural justice by failing to provide notice or a hearing to the affected parties.
The court emphasized the necessity of adhering to natural justice principles, ruling that the Naib Tahsildar's order was invalid due to the lack of notice and opportunity for the petitioners.
The court reaffirmed that unauthorized changes in land records without due process violate principles of natural justice and cannot substantiate claims of ownership less than legal title.
The main legal point established in the judgment is that a preliminary decree in a partition suit does not conclusively determine the shares of the parties, and the authority must act independently o....
The court emphasized the necessity of following procedural requirements and the principle of natural justice in amending entries in the Record of Rights, ruling that the respondent acted without juri....
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 court ruled that orders affecting rights must not be made without providing notice and opportunity to the affected party, emphasizing the principles of natural justice.
Revenue authorities must effect mutation based on registered civil court consent decrees without adjudicating title, probate, prohibitory orders, or registration issues, as proceedings are fiscal onl....
Revenue authorities cannot adjudicate title, probate or decree validity in mutation proceedings; must effect mutation on registered civil decrees for fiscal purposes unless set aside by competent cou....
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