AI Overview...
-
Section 138(4) of the Maharashtra Land Revenue Code - Prohibits revenue officers mentioned in this section from being joined as parties in a suit for title. The trial court relied on this provision to exclude revenue officers from such suits, emphasizing the statutory restriction Shri Popat Jaysingh Rajpure VS State of Maharashtra - Bombay, Popat Jaysingh Rajpure VS State of Maharashtra - Bombay.
-
Nature of Suit under Section 138(4) - Suits based on corrections in revenue records post-settlement of boundaries under Section 138 are permissible, especially after the repeal of the Hyderabad Record of Rights in Land Act. The legal question involves whether such suits are barred by limitation, with courts framing substantial questions of law around this issue AMBADAS LAXMAN KHANZODE vs STATE OF MAHARASHTRA and OTHERS - Bombay.
-
Limitation and Procedure - Sections 143(4) and 143(5) of the Maharashtra Land Revenue Code, along with the Limitation Act, govern the period within which revenue disputes can be initiated and the court's jurisdiction to entertain such matters. The code also provides for condonation of delays and appeals against revenue orders Nago Hari Zangte VS State of Maharashtra - Bombay.
-
Role of Revenue Officers and Authorities - Revenue officers, including Survey Officers, are tasked with cooperation in land-related planning and development activities, highlighting their administrative functions under the Code. The code also emphasizes the importance of proper documentation and record-keeping for land re-grants and ownership claims Rajiv Mohan Mishra VS City and Industrial Development Corporation of Maharashtra Ltd. - Bombay, KRISHNA VISHNU DESHMUKH VS STATE OF MAHARASHTRA - Bombay.
-
Creation of Charges and Land Revenue Arrears - Section 169(1) of the Code enables the creation of a permanent charge on land for recovery of arrears of land revenue, which has statutory priority over other claims. This underpins the security of revenue recovery processes Narayan Chaturbhuj Maheshwari & another VS Indulal Walchand Saraf & others - Bombay.
-
Jurisdiction of Revenue Authorities - Tahsildars' orders are subject to appeal and revision, and civil courts have jurisdiction to challenge revenue decisions, provided the proper procedural channels are followed. The interplay between civil suits and revenue orders is clarified under Sections 143(5) and related provisions Jaglal s/o. Premlal Jayaswal VS Waman s/o. Shyamraoji Dhobale - Bombay.
-
Miscellaneous Provisions - Sections like 48(7) and (8) address specific issues such as transportation of materials like gitti, with interpretations focusing on whether such activities constitute land transactions or are administrative actions under the Code Laxman VS State Of Maharashtra - Bombay.
Analysis and Conclusion:
Section 138(4) of the Maharashtra Land Revenue Code primarily restricts revenue officers from being joined as parties in suits for land title, aiming to streamline judicial proceedings and prevent administrative interference. While suits challenging revenue record corrections are permissible, they are subject to procedural limitations, including limitations periods and appellate remedies. The Code delineates the roles and jurisdictions of revenue authorities and courts, ensuring a structured approach to land disputes, revenue recovery, and administrative actions.
Search Results for "Maharashtra Land Revenue Code s 138 4"
2012 0 Supreme(Bom) 1204 • India - Bombay
R.M.SAVANT
This the trial Court held on the basis of Section 138(4) of the Maharashtra Land Revenue Code which posits that in a suit for title, the revenue officers mentioned in the said section cannot be joined as parties. ... Land Revenue Code. ... No doubt Section 138(4) of the Maharashtra Land Revenue Code posits th....
2012 0 Supreme(Bom) 1205 • India - Bombay
R.M.SAVANT
Civil Procedure Code, 1908 - Section 9-A, Order VII, Rule 11(d) - Maharashtra ... This the trial Court held on the basis of Section 138(4) of the Maharashtra Land Revenue Code which posits that in a suit for title, the revenue officers mentioned in the said section cannot be joined as parties. ... Land Revenue Code. ... No doubt Section 138(4) of the M....
2025 Supreme(Online)(Bom) 2799 • India - Bombay High Court
Thus, the suit was essentially based on the correction made in the revenue record in wake of the settlement of boundary under Section 138 after coming into force of the Maharashtra Land Revenue Code (for short “MLR Code”) by repealing the Hyderabad Record of Rights in Land Act. ... By the order dated 17.03.2008, the following substantial question of law came to be framed : “Whether the suit could have been said to be barred by limitation in view of t....
2014 0 Supreme(Bom) 2217 • India - Bombay
Z.A.HAQ
of the Maharashtra Land Revenue Code. ... Maharashtra Land Revenue Code, 1966 - Sections 143(4), 143(5) Limitation Act, 1963, Section 5 Condonation of delay. - Court can entertain ... ... Maharashtra Land Revenue Code, 1966 - Sections 143(4) and 247 Right ... of the Maharashtra Land Revenue....
• India - Dishonour Of Cheque
RAJ SHEKHAR ATTRI
Negotiable Instruments Act, 1881 – Sections 138 and 141 – Criminal Procedure Code, 1973 – Section 482 – Dishonour of cheque – Offence ... record to show that sale deed was executed on mutual understanding of vendors and that of Company or that Company will include this land ... You and other land owners were having joint agricultural land comprised in Khewat No.5, Khatoni No.5, Rect. No.34, Kila No.11(7-8), 19(8-0), 20(8-0), 22/1(4-2) total measuring 27 Kanal 10 Marla (3.4375 acre) situated in the #HL_S....
2018 0 Supreme(Bom) 1634 • India - Bombay
A.S.OKA, A.K.MENON
and Survey Officers Maharashtra Land Revenue Code,1966 shall render necessary cooperation to aforesaid Planning Authorities for ... Industrial estates of the Maharashtra Industrial Development Corporation again is a statutory body created by State Government – Held, Revenue ... Limited - Government of Maharashtra owned Company was given a status of Special Planning Authority provisions of Maharashtra Regional ... and Survey Officers under the Maharashtra Lan....
1991 0 Supreme(Bom) 586 • India - Bombay
M.S.DESHPANDE
Section 169 (1)-Arrears of land revenue-Create a permanent charge on land under Section 169 - Every charge which may be created In ... respect of land -Shall have to yield to statutory charge so created. ... revenue under the provisions of section 169(1) of the Maharashtra Land Revenue Code. ... It is difficult to accept this position because of the wide sweep of the language of section 169(1) of the Maharashtra #H....
2006 0 Supreme(Bom) 1286 • India - Bombay
V.M.KANADE, S.RADHAKRISHNAN
Maharashtra Land Revenue Code (61 of 1966) - Section 20(2) - Re-grant of land - Entitlement - Petitioners’ claim that though they ... , the Revenue Minister, by his order rejected the petition of the petitioners for regrant - Report of the Sub-Divisional Officer ... were in possession of suit lands being their ancestral property, record showed them as Government lands - Instead of regranting a land ... material and also the provisions of section of the Mahar....
2008 0 Supreme(Bom) 421 • India - Bombay
B.P.DHARMADHIKARI
Maharashtra Land Revenue Code, 1966 - Section 143(5)-Jurisdiction of Tahsildar-Invocation of-Civil suit filed on 28.12.1981-Jurisdiction ... orders come into force and once a decision of Tahsildar is challenged in the Civil Suit, further challenged to such order before the revenue ... Land Revenue Code. ... The f order of Tahasildar is subject to appeal and revision in accordance with the provisions of Maharashtra Land#HL_....
2022 0 Supreme(Bom) 1410 • India - Bombay
ROHIT B.DEO
Gitti - Challenge to action under Section 48(7) and (8) of the Maharashtra Land Revenue Code, 1966 - Section 48(7) discussed - ... Issues: The issues revolved around the interpretation of Section 48(7) of the Maharashtra Land Revenue Code, 1966, and whether ... Land Revenue Code, 1966 in relation to transportation of gitti (metal stone) which is considered a finished product. ... The State of #HL....
Filter by Legal Phrase
