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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
SHAILESH P.BRAHME
Saifan Hussain Nadaf Since Dead through legal heirs, Tolan Saifan Nadaf – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel for the parties.
2. This writ petition is directed against the order of the learned Minister passed on 09.09.2019, setting aside order of 09.02.2011 passed by District Superintendent of Land Record, and remitting the matter for fresh enquiry to the said authority. Petitioner and the Respondent No.5 are litigating over ownership of eight acres which is wrongly shown in the record of right after implementation of consolidation scheme.
3. Petitioner claims that he was owner of survey no.13/A measuring 10 acres and 7 gunthas situated at Omerga (Chivri) Tq. Tuljapur, District Osmanabad. After consolidation scheme, the said land is numbered as gat no.17 measuring 76R thereby reducing it’s area by 8 acre. The Respondent No.5 was the owner of Survey no.13/B total admeasuring 15 Acres which is given Gat No. 19. It’s a case of the petitioner that Gat no. 19 is formulated by consolidating Survey nos. 8/2,8/3 and 8/9/3 and making it upto 23 Acres and 20 gunthas. Due to the mistake, area of 8 acres belonging to the petitioner which was part of gat No. 17 is wrongly added t
Minister has jurisdiction under Section 35 of the Act to entertain appeals, even after delays, when assessing legality of prior orders; remands for inquiries on land titles following consolidation mu....
Point of Law : If there was any technical violation of the rules of natural justice, that was not a ground for interference, as such interference would result in resurrection of an illegal, nay, void....
Delay in filing an appeal against consolidation orders must be satisfactorily explained; otherwise, the order is invalid due to lack of jurisdiction.
The court clarified that applications for correction of consolidation schemes must be filed within a reasonable time, typically three years, and that significant delays render such applications inval....
Personal action dies with the death of the person on the maxim action personalis moritur cum persona. But this operates only in a limited class of actions Ex delicto, such as action for damages for d....
Orders and titles obtained through fraud are nullities; rightful ownership should not be barred by procedural delays attributable to such fraud.
Petitioners' failure to timely assert their land rights bars their claim under the U.P. Consolidation of Holdings Act, 1953.
The court established that under the Consolidation and Holdings Act, 1953, authorities retain the power to correct entries in revenue records even after the finalization of consolidation proceedings,....
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