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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Uday Bhanudas Gujar – Appellant
Versus
Madan Yeshwant Diwan – Respondent
| Table of Content |
|---|
| 1. factual backdrop of the case. (Para 1 , 2 , 4 , 10) |
| 2. arguments presented by the parties. (Para 6 , 7 , 8 , 12 , 22) |
| 3. court's observations on jurisdiction and procedure. (Para 9 , 13 , 14 , 15 , 18 , 20 , 24) |
| 4. ratio decidendi related to jurisdiction and finality. (Para 11 , 17 , 19 , 21 , 23) |
| 5. concluding remarks and order. (Para 25 , 26) |
JUDGMENT :
AMIT BORKAR, J.
1. The challenge in this petition arises from the order dated 1 August 2014 passed by the Divisional Commissioner, Pune. By the said order, a purported appeal was entertained, and the sale permission dated 13 December 2010 granted in favour of the petitioner’s vendor, respondent No.6, under Section 12 of the Maharashtra Rehabilitation Act , 1999 was revoked. This permission had already been acted upon by execution of a registered sale deed in favour of the petitioner. The subject land forms part of Gat No.36, which was originally owned by respondent No.6 as on 8 May 1995. Respondent No.6 had executed an agreement to sell in favour of one Satish Tanksale on that date. Satish Tanksale has, till date, not filed any suit for specific performance. On 15 July 2010, respondent No.6 applied to respondent No.4 u
The Divisional Commissioner lacked jurisdiction to revoke sale permission under Section 12 of the Maharashtra Rehabilitation Act, as no appellate remedy is provided in the statute, making the cancell....
The Commissioner cannot decide land sale permissions on merits but must remit the matter to the Sub-Divisional Officer for proper inquiry under the Chhattisgarh Land Revenue Code.
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....
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.
Sale deeds executed without prior permission under Section 50-B of the Hyderabad Tenancy Act are invalid and cannot be regularized post facto.
Point of law : Special Deputy Commissioner is entitled to go into the merits of the matter including question of delay and laches in filing the application before the Assistant Commissioner.
The permission to sell granted land under the PTCL Act, 1978 does not require the sale to be made to a specific person, and the grant of permission by the Government suffices the legal requirement.
The court affirmed that transactions predating the Madhya Pradesh Land Revenue Code are not subject to its provisions, and the power of review cannot be exercised beyond the limitation period.
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