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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
Key Points: - The land continues to be classified as Class III Devasthan Inam land; deletion of such status from records does not confer ownership rights to the manager. (!) (!) - Section 8(3) of the Exemptions from Land Revenue Act, 1863 imposes an absolute prohibition on transfer or alienation of Devasthan Inam lands, regardless of changes in revenue records. (!) (!) - A Vahiwatdar (manager) cannot acquire ownership simply by changing the revenue record; land remains property of the deity or religious institution. (!) (!) - Devasthan Inam lands are held for religious purposes and cannot be sold or transferred unless under a proper legal adjudication proving the land was never Devasthan Inam. (!) (!) - Administrative manuals or executive orders cannot override statutory provisions; deletion of revenue entries cannot defeat Section 8(3) protections. (!) (!) - The State Government has no power to remove revenue-free status or permit sale ad hoc; protection under Section 8(3) persists. (!) (!) - Devasthan Inams confer ownership upon deity or religious institution; the Vahiwatdar is a manager, not an owner. (!) (!)
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dated 7th March 2013, passed by respondent No.1 in Application No.DEV-1012/P.K.130/L4, whereby respondent No.1 has withdrawn the exemption earlier granted from payment of land revenue in respect of the land in question, and has withheld the privilege of exemption from payment of land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
None identified. Based on the provided excerpts, neither case contains language indicating that it has been overruled, reversed, abrogated, or otherwise deemed "bad law" by a subsequent judicial authority.
**Category: Assertive/Declaratory Statements**
* **Suvarna Appasaheb Kshirsagar Vs The State Of Maharashtra - 2025 Supreme(Online)(Bom) 1146**: This case is categorized as a declarative statement of legal history regarding Devasthan Inams in Maharashtra. The language ("It is important to note that even after 1953, no law was passed...") establishes a historical premise rather than referencing a treatment pattern such as "followed" or "distinguished."
* **Suvarna Appasaheb Kshirsagar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 744**: Similar to the entry above, this case provides a factual/legal classification of land grants. It does not contain language indicating how it was treated by other judicial bodies, serving only as a descriptor of land grant categories.
* **Suvarna Appasaheb Kshirsagar Vs The State Of Maharashtra - 2025 Supreme(Online)(Bom) 1146** and **Suvarna Appasaheb Kshirsagar Vs The State Of Maharashtra - 2025 0 Supreme(Bom) 744**: Both cases are classified as uncertain regarding their specific judicial history because the provided excerpts contain only substantive legal assertions. There is no information regarding subsequent judicial treatment, appellate history, or citations by other courts, making it impossible to determine if these specific findings have been validated or challenged by later rulings.
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.
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