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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Vishwanath Sahadu Wakhare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. The Petitioner challenges the Order dated 11 December 2020, passed by the Hon’ble Minister (Revenue) in Revision RTS No.3413/4578, by which the Hon’ble Minister has allowed the Revision preferred by Respondent Nos. 2/3 and has set aside the Order dated 5 June 2013, passed by the Additional Commissioner, Pune and has confirmed the Order dated 24 June 2011 passed by the Additional Collector. The Hon’ble Minister has directed conduct of enquiry by the Collector, Pune under Section 59 (b) of the Maharashtra Land Revenue Code, 1966 ( MLRC ) about sale of land in question without permission of the Competent Authority in view of Circular dated 13 November 1979.
2. Brief facts of the case are stated thus:
The land situated at Village-Nighoje, Taluka-Khed, District-Pune, bearing Old Survey No.158/1, 158/12B, 158/26, 158/29A and New Gat No.321, admeasuring 1-H. 83-R was originally owned by Shri Maruti Hari Sonawane. The land was Mahar Vatan Class VI-B. Shri Maruti Sonawane paid amount 3 times of assessment on 1 February 1963, and the land was re-granted to him under the provisions of the Maharashtra Inferior Village Watans Abolition Act, 1959 (Watan Abolition
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.
Point of Law : where the legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise o....
The central legal point established in the judgment is that the Maharashtra Inferior Village Watans Abolition Act, 1959 does not permit repeated regrants of watan land once regranted to an authorized....
The main legal point established in the judgment is that the provisions of Section 9 of the Maharashtra Inferior Village Watans Abolition Act, 1959 are inapplicable when the land has already been reg....
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 the restricted nature of the revisional jurisdiction of the Maharashtra Revenue Tribunal (MRT) under Section 76 of the Maharashtra Tenancy and Agri....
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