AI Overview...
- Section 143 of the Maharashtra Land Revenue Code, 1966 - Main points and insights:
- Provides a legal mechanism for resolving disputes related to rights of way and access to land, especially in cases where such rights are contested or unclear Keshav Vithoba Khatdeo VS Gumphabai Gopalrao Mundare - Bombay, Subhash VS Suresh - Bombay, Harichandra Pundlik Ughade VS State of Maharashtra, through Secretary, Revenue Department - Bombay.
- Empowers Tahsildars to adjudicate disputes concerning rights of way, and their orders can be challenged in civil courts, but such challenges are subject to specific procedural rules Sau. Aruna wife of Arvind Naik VS Kanaiyya son of Maroti Kongre - Bombay, Jaglal s/o. Premlal Jayaswal VS Waman s/o. Shyamraoji Dhobale - Bombay, Shantabai W/o Bhagwan Patil VS Bhagwan S/o Revanand Patil - Bombay.
- The section includes provisions for the maintenance of order and the prevention of conflicting decisions, ensuring that once a decision is made under Section 143, subsequent orders do not conflict with it Harichandra Pundlik Ughade VS State of Maharashtra, through Secretary, Revenue Department - Bombay.
- The section also deals with the limitation period for filing appeals or challenging orders, and the conditions under which orders can be challenged or upheld Nago Hari Zangte VS State of Maharashtra - Bombay.
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It distinguishes between rights conferred on landholders and other parties, emphasizing that rights of way are granted only to holders of agricultural land, and such rights are independent and not derived from other statutes Harichandra Pundlik Ughade VS State of Maharashtra, through Secretary, Revenue Department - Bombay.
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Analysis and Conclusion:
- Section 143 of the Maharashtra Land Revenue Code serves as a crucial statutory provision for resolving land access disputes, particularly regarding rights of way. It grants authority to Tahsildars to make binding decisions, which can be appealed or challenged in civil courts within prescribed limits.
- The section aims to streamline dispute resolution, prevent conflicting orders, and uphold the sanctity of revenue department decisions, while also providing a legal framework for landholders to assert their rights.
- Overall, Section 143 balances administrative authority with judicial oversight, ensuring effective management of land rights issues in Maharashtra.
References: - Keshav Vithoba Khatdeo VS Gumphabai Gopalrao Mundare - Bombay - Subhash VS Suresh - Bombay - Sau. Aruna wife of Arvind Naik VS Kanaiyya son of Maroti Kongre - Bombay - Hemraj VS Sub Divisional Officer, Mouda - Bombay - Nago Hari Zangte VS State of Maharashtra - Bombay - Vidya w/o. Vijay Karandikar VS State of Maharashtra - Bombay - Krushna s/o Damaji Choudhari VS Additional Commissioner, Nagpur Division - Bombay - Harichandra Pundlik Ughade VS State of Maharashtra, through Secretary, Revenue Department - Bombay - Jaglal s/o. Premlal Jayaswal VS Waman s/o. Shyamraoji Dhobale - Bombay - Shantabai W/o Bhagwan Patil VS Bhagwan S/o Revanand Patil - Bombay
Search Results for "Maharashtra Land Revenue Code s 143"
2014 0 Supreme(Bom) 548 • India - Bombay
A.B.CHAUDHARI
Civil Procedure Code, 1908 - Section 100 - Easement Act, 1988, Section 15 - Maharashtra L.R. ... Code, 1966, Section 143 - Legal Right of Way. - In absence of legal right of way to defendants for use of Dhura in field of plaintiffs ... “E” of the Maharashtra Land Revenue Code. ... It is, in this context, I quote section 143 of the Maharashtra Land Revenue Code, which reads thus: ....
2022 0 Supreme(Bom) 1137 • India - Bombay
V.S.CHOUDHARI
Section 143 - Maharashtra Land Revenue Code, 1966 - The court considered the provisions of Section 143 of the MLR Code, which ... On 30/10/1995, the petitioners filed an application before the Tahsildar, Latur under Section 143 of the Maharashtra Land Revenue Code, 1966 (for short 'the MLR Code') contending that, for approaching the lands of the petitioners, the....
2017 0 Supreme(Bom) 366 • India - Bombay
A.S.CHANDURKAR
of the Code - The trial Court was, therefore, justified in passing the impugned order - No merit in the challenge as raised to the ... Tahsildar was one which granted injunction against the plaintiffs and hence it was not one passed in exercise of powers under Section 143 ... In this suit, the applicants moved an application under Section 9A of the Code of Civil Procedure, 1908, stating therein that in view of the provisions of Section 143 of the Maharashtra Land Revenue Code....
2015 0 Supreme(Bom) 1288 • India - Bombay
Z.A.HAQ
Maintainability - Appeal under Maharashtra Land Revenue Code - The court held that the appeal filed by the respondents was maintainable ... under the provisions of the Maharashtra Land Revenue Code, providing the party with the option to file either an appeal under the ... Land Revenue Code, arguing that the appeal was not maintainable. ... The petitioners have challenged the order passed by the l....
2014 0 Supreme(Bom) 2217 • India - Bombay
Z.A.HAQ
(4) 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 ... (4) of the Maharashtra Land....
2006 0 Supreme(Bom) 1364 • India - Bombay
A.H.JOSHI
Land Revenue Code - Challenge to Remand Order - Section 143 of Maharashtra Land Revenue Code - Summary of Acts and Sections: Section ... Section 143 of Maharashtra Land Revenue Code and the subsequent orders passed by the Tahsildar. ... 143 of Maharashtra Land Revenue Code,....
2011 0 Supreme(Bom) 1227 • India - Bombay
R.K.DESHPANDE
of the Maharashtra Land Revenue Code. ... a civil suit under sub-section (4) of Section 143 of Maharashtra Land Revenue Code. ... MAHARASHTRA LAND REVENUE CODE, 1966 - Section 143 - Mamlatdar’s Courts Act, 1906, Section 5 - Application under Section 143 of Code ... The Tahsildar, Hinganghat treated this to be....
2013 0 Supreme(Bom) 1113 • India - Bombay
A.P.BHANGALE
Maharashtra Land Revenue Code, 1966 - Section 143 - Claim of right of way. ... Section 143 of the Maharashtra Land Revenue Code confers a special right, only on the holder of agricultural lands as distinguished ... of the Maharashtra Land Revenue Code, 1966 confers independent right on an owner of an agricultural land to claim....
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 ... framed, it is apparent that the only question to be decided is whether in the pending suit, the order of Tahsildar under Section 143 ... of Maharashtra Land#H....
2010 0 Supreme(Bom) 200 • India - Bombay
N.D.DESHPANDE, A.P.BHANGALE
Maharashtra Land Revenue Code, 1966 - Section 143(5) - Dispute regarding right of way - Tahsildar granted injunction against, respondents ... ... Section 143 of the Maharashtra Land Revenue Code: ... "143. ... The provisions of section 143 sub-section (5) clearly shows that the legislature has taken precaution to see that no inconsistent orders come into force and once a decisi....
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