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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Suvarna Appasaheb Kshirsagar – Appellant
Versus
The State Of Maharashtra – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. By the present Writ Petition instituted under Article 226 of the Constitution of India, the petitioners have invoked the extraordinary writ jurisdiction of this Court, seeking to impugn the judgment and order dated 7th March 2013, passed by respondent No.1 in Application No.DEV-1012/P.K.130/L4, whereby respondent No.1 has withdrawn the exemption earlier granted from payment of land revenue in respect of the land in question, and has withheld the privilege of exemption from payment of land revenue as contemplated under Clause 66 of the Joglekar Law Manual.
2. The facts and circumstances giving rise to the filing of the present Writ Petition, briefly stated, are as under:
The land bearing Revision Survey No.1052/2, situated at Village Vita, Taluka Khanapur, District Sangli, admeasuring 14 Acres and 28 Gunthas (hereinafter referred to as "the said land") belonged to a religious institution, namely, Mhaswad Sidha Devasthan. The said land was classified as Devasthan Inam Class III land in the Land Alienation Register prepared by the Inam Commission, and the corresponding Sanad number of such Inam grant is recorded as 8673. The petitioners have placed on record
Devasthan Inam lands are protected under Section 8(3) of the Exemptions from Land Revenue Act, 1863, prohibiting their transfer or sale, regardless of changes in revenue records.
Devasthan Inam lands are protected under Section 8(3) of the Exemptions from Land Revenue Act, 1863, prohibiting their transfer or sale, regardless of changes in revenue records.
The court emphasized the necessity for proper inquiry into the validity of encroachments and adherence to statutory provisions regarding temple properties, particularly concerning purchase certificat....
The Inams Abolition Act grants occupancy rights solely to charitable institutions, establishing that properties classified as endowment lands do not vest individual ownership rights.
Ownership of land recorded under a deity cannot be transferred; any attempts to do so result in void transactions, reaffirming perpetual minor status of deities.
The authority of the Land Record Officer to correct errors in the revenue record during settlement operations and the inability to change the nature of the land through such corrections.
The Executive Officer’s action against encroachers on temple property was within jurisdiction under the Endowments Act, with disputes over land title to be determined by the Endowment Tribunal.
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