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SANJAY DWIVEDI
RAKESH MANOCHA – Appellant
Versus
ERA CONSTRUCTION, JABALPUR – Respondent
ORDER :
1. Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, on their joint request, it is heard finally.
2. By the instant petition filed under Article 226/227 of the Constitution of India, the petitioners are calling in question the legality, validity and propriety of order dated 17-2-2023 (Annexure-P/9) passed by the Additional Commissioner, Jabalpur Division, Jabalpur in the second appeal preferred by respondent No. 2 under section 44(2) of the Madhya Pradesh Land Revenue Code, 1959 (in short the ‘Code, 1959’) whereby the Additional Commissioner setting aside the order of Sub Divisional Officer has allowed the appeal and also directed the Tahsildar to correct the revenue record.
3. As per the facts of the case, an agreement dated 18-2-2010 (Annexure-P/2) was executed between the petitioners and respondent No. 1 for developing the land situated at Mouza Polipathar, Settlement No. 164, P.H. No. 24/2-29 (New No. 08) Tahsil and District Jabalpur of Khasra No. 2/1 area measuring 0.121 hectare, Khasra No. 2/2 area measuring 0.162 hectare, Khasra No. 6 area measuring 2.146 hectares, Khasra No. 7/1 area measuring 1.052 hecta
Revenue authorities lack jurisdiction to adjudicate title disputes; their role is limited to verifying documents for mutation entries under the Maharashtra Land Revenue Code.
The main legal point established in the judgment is that the respondent corporation has the authority to suspend development permission and must provide both parties with an opportunity to present th....
Point of law: Authority exercising power under the code has no power to conclude as to whether the breach of the other enactment by the impugned transfer or registered sale deed is made or not.
Point of Law : under section 73 of the Bombay Land Revenue Code it is incumbent duty on the part of the revenue authority on presentation of registered document, prima facie, to post an entry in the ....
The mandatory reporting of acquisition of legal right and interest within 6 months, the jurisdiction of revenue courts in mutation proceedings, and the principle of estoppel were central legal points....
Revenue authorities cannot adjudicate title disputes in mutation cases; established rights remain intact despite challenges.
When a document of registered sale-deed is produced before the authority, the revenue authorities are bound to give effect to the same and are not required to decide the question of title.
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