Case Note & Summary
The dispute arose from the application of revisional powers under the Maharashtra Land Revenue Code, 1966 concerning land originally owned by N.R. Deshpande. The land was resumed in 1955, with Tukaram Sakharam Shevale being one of the tenants. After the resumption, the original landlord paid occupancy price only for part of the land, leading to a situation where Tukaram's portion was resumed to the State. The Tahsildar granted 3/4 of the land to Shivgonda Satgonda Patil in 1976, a decision that Tukaram did not challenge before his death in 1990. His legal heirs sought revision of this order in 1993, which was granted by the Sub-Divisional Officer in 1994. This decision was upheld by subsequent appeals until it reached the Supreme Court. The core legal issue was whether the revisional power could be exercised at any time, given that no time limit was specified in the statute. The court analyzed precedents indicating that such powers should be exercised within a reasonable time. It concluded that a delay of 17 years in invoking the revisional power was unreasonable and constituted an abuse of process. Consequently, the Supreme Court allowed the appeal, quashing the orders against the appellants and directing that parties bear their own costs.
Headnote
A) Land Revenue Law - Revisional Power - Exercise of Power - Maharashtra Land Revenue Code, 1966, Section 257 - The court held that the power of revision must be exercised within a reasonable time, even if no specific time limit is prescribed by the statute. The invocation of revisional power after a lapse of 17 years was deemed an abuse of process, as the original order had not been challenged during the lifetime of the tenant. Held that the appeals were allowed and the impugned orders were quashed (Paras 3, 16-17).
Issue of Consideration
Whether power of revision in Section 257 of Maharashtra Land Revenue Code, 1966 can be exercised at any time although no time has been prescribed for exercise of such power.
Final Decision
The Supreme Court allowed the appeal, quashed the orders against the respondents, and directed that parties bear their own costs.
Law Points
- Revisional power
- reasonable time
- Maharashtra Land Revenue Code
- 1966
- Section 257
- abuse of process
