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.

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 Act) on ‘new tenure’ on 1 February 1963. Thereafter, Shri Maruti Sonawane paid amount 10 times of the assessment on 8 November 1967 and it is contended that the re-grant was converted to ‘old tenure’. Accordingly, Tehsildar, Khed passed Order dated 16 March 1968 re-granting the land on ‘old tenure’, which meant that the land became transferable without any conditions. Thereafter, Shri Maruti Sonawane sold the land to father of the Petitioners Shri Shahadu Wakhare vide registered Sale Deed dated 22 August 1968. It appears that prior to execution of said Sale Deed, permission of Sub Divisional Officer under the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Fragmentation Act) was also secured on 13 August 1968. Based on the registered Sale Deed dated 22 August 1968, Mutation Entry No.156 was certified on 24 November 1968 after serving Notice to Shri Maruti Sonawane.

3. However, after 10 years of certification of the Mutation Entry, Maruti Sonawane took a volte face and filed Appeal under Section 59 (b) of MLRC , seeking return of possession of the sold land. His Application was rejected by the Assistant Collector by Order dated 22 February 1979. It appears that some persons claiming to be tenants thereafter filed an Application under Section 84 of the MAHARASHTRA TENANCY AND AGRICULTURAL LANDS ACT , 1948 before Sub-Divisional Officer, Junnar, Pune, which is also dismissed by Order dated 18 March 1970. Thereafter, there was a quietus for a long time during which no proceedings were filed in respect of the land. After death of their father, names of Petitioners were recorded vide Mutation Entry No. 2327.

4. Respondent No. 2 is the daughter of Maruti Sonawane and Respondent No. 3 is the granddaughter. In the year 2010, Respondent No. 2 /3 were advised to file Appeal before Additional Collector challenging Mutation Entry No.156 by initiating proceedings under Section 247 of MLRC . The Additional Collector proceeded to entertain the Appeal which was filed after inordinate delay and proceeded to pass Order dated 24 June 2011 allowing the same and setting aside Mutation Entry Nos.156 and 2327. Petitioners successfully challenged the Order of the Additional Collector before the Additional Commissioner, Pune, who allowed the appeal preferred by the Petitioner by his Order dated 5 June 2013 and set aside Additional Collector’s Order dated 24 June 2011.

5. Respondent Nos. 2/3 preferred Revision before the Hon’ble Minister, who has proceeded to allow the same by impugned Order dated 11 December 2020 by setting aside the Order passed by the Additional Commissioner, Pune and by confirming the Order passed by the Additional Collector, Pune. The Hon’ble Minister has directed an enquiry under Section 59 (b) of the M