The court upheld the order of land resumption due to breach of regrant conditions, while noting the authorities' failure to act timely on breaches of the Tenancy Act.

1.This petition arises out of an order passed by the Sub Divisional Officer (“SDO”) directing the resumption of land in the Government on the ground of breach of the condition of the order of regrant and breach of Section 63 of the Bombay Tenancy Act and varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.06.12 10:06:29 +0530 2024:BHC-AS:22943 Agricultural Lands Act, 1948 (now Maharashtra Tenancy and Agricultural Lands Act)(‘Tenancy Act’). Petitioner’s case:

2.The land, which is the subject matter of the proceedings, was originally Inam land, which was in the possession of one Keshav Laxman Jadhav-Sarnaik. After the death of Keshav, the names of his sons were entered in the revenue record on 24th October 1953 vide mutation entry no. 3306. On 30th April 1964, an order was passed recording the regrant of the land to the heirs and legal representatives of deceased Keshav on payment of Nazrana amount. The land was thereafter converted from Inam land to “Rayatwa Lands” on certain terms and conditions. The terms and conditions of the regrant were recorded by way of mutation entry no.

6273 dated 8th December 1964. The members of the family of deceased Keshav sold the land to one Patel family by a registered sale deed dated 11th February 1970. Pursuant to the said sale deed, mutation entry no. 7412 was effected on 25th May 1970.

3.The petitioner-society was formed in the year 1979. The petitioner made an application to the Assistant Registrar, seeking permission to open a bank account, and by order dated 19th March 1979, permission was granted to the petitioner to open a bank account. A sale deed was executed on 14th November 1985 in favour of the petitioner in respect of the said land. Thereafter, on 7th August 1986, the petitioner society was registered, and the registration certificate was issued. The petitioner was classified as a tenant/ownership society with a total of 33 members. On 4th August 1986, a no objection certificate was issued by the Kolhapur Municipal Corporation for sanitation and health for the layout of the petitioner. A mutation entry no. 13212 was effected on 4th April 1987 for recording the name of the petitioner as proposed society in respect of the subject land. By way of mutation entry no. 16139, the name of the petitioner was corrected in the revenue record by removing the word ‘proposed’. The corporation thereafter sanctioned a layout plan for 33 plots for the members of the petitioner in the subject land. As per the sanctioned layout, the society allotted plots to 33 members and handed over actual physical possession of the respective plots.

4.Members of the society made an application to enter their names in the revenue record with respect to the respective plots allotted to them. By mutation entry no.16950, the names of the members were entered into the revenue record on 21st July 1994 as against their respective allotment of plots. On 7th November 1988, a few members of the petitioner applied for the conversion of their respective plots to non-agricultural use. Since there was no response received on the said application, the petitioner considered it as deemed permission under Section 44(3) of the Maharashtra Land Revenue Code 1966 (“MLRC”). By order dated 13th September 1989, the learned Collector passed an order granting permission for non-agricultural use for plot no. 7, and by order dated 21st December 1990, permission for non-agricultural use was granted for another plot no. 29.

5.A show cause notice was issued by the learned Tahsildar on 30th January 1997 to the petitioner for breach of terms and conditions of the regrant, and if the society was willing to pay 50% of the market value as Nazrana for non-agricultural use, the petitioner was called upon to submit consent letter. The petitioner-society replied to the said show cause notice on 6th February 1997, showing their willingness to pay Nazrana amount for regularizing the alleged breach. On 25th March 1997, the p