Case Note & Summary
The petitioners, Shankarrao Premaji Banarase and others, filed a writ petition before the Bombay High Court at Nagpur challenging the order dated 30/07/2019 passed by the Sub-Divisional Officer, Nagpur, which rejected their application for condonation of delay of 35 years in challenging a mutation entry made in the name of respondent Nos. 1 and 2. The petitioners argued that there was no delay on their part because the obligation to make correct mutation entries lies with the revenue authorities under Sections 150 and 154 of the Maharashtra Land Revenue Code, 1966. They contended that since the authorities committed the mistake, the delay should not be held against them. The respondents, including the Madarsa Jamia Arabia Islamiya and others, opposed the petition. The court, after hearing the counsel for both sides, noted that the Sub-Divisional Officer had rejected the delay condonation application solely on the ground of absence of reasons for the delay. The court observed that the statutory duty of the authorities under Sections 150 and 154 of the Code is to ensure correct mutation entries, and if the authorities failed in that duty, the delay cannot be attributed to the petitioners. The court set aside the impugned order and remitted the matter back to the Sub-Divisional Officer for fresh consideration on merits, directing that the delay condonation application be considered in light of the statutory obligations of the authorities. The court also directed that the petitioners be given an opportunity of hearing.
Headnote
A) Revenue Law - Mutation Entry - Delay Condonation - Sections 150, 154 Maharashtra Land Revenue Code, 1966 - The petitioners challenged the order rejecting condonation of delay of 35 years in challenging mutation entry. The court held that the obligation to make correct mutation entry is on the authority under Sections 150 and 154 of the Code, and the delay cannot be attributed to the petitioner when the authorities failed to comply with their statutory duty. The matter was remitted back to the Sub-Divisional Officer for fresh consideration on merits. (Paras 1-3)
Issue of Consideration
Whether the delay of 35 years in challenging the mutation entry can be condoned when the authorities failed to make correct mutation entry as per statutory duty under Sections 150 and 154 of the Maharashtra Land Revenue Code, 1966.
Final Decision
The court set aside the order dated 30/07/2019 passed by the Sub-Divisional Officer, Nagpur, and remitted the matter back to the Sub-Divisional Officer for fresh consideration on merits, directing that the delay condonation application be considered in light of the statutory obligations of the authorities under Sections 150 and 154 of the Maharashtra Land Revenue Code, 1966, and that the petitioners be given an opportunity of hearing.
Law Points
- Delay condonation
- Mutation entry
- Statutory duty of revenue authorities
- Section 150 and 154 Maharashtra Land Revenue Code
- 1966
Case Details
2023 LawText (BOM) (03) 134
Writ Petition No. 6511 of 2019
Mr. P.V. Vaidya, Mrs. Ketki Jaltare for Petitioners; Mr. Masood Shareef, Mr. A.J. Mirza for Respondent Nos. 1 & 2; Mr. N.R. Patil, AGP for Respondent Nos. 12 and 13
Shankarrao Premaji Banarase, Suresh Premaji Banarase, Dilip Premaji Banarase, Dnyaneshwar Premaji Banarase
Madarsa Jamia Arabia Islamiya, Jamiya Arebia Rashidiya, Smt. Sayarabi wd/o Kayamkha, Shri Abdul Ajij s/o Ashakur (Tavakkal), Jahedabi wd/o Yusuf Khan, Hasan Karim Khan s/o Yusuf Khan, Hasan Mahammad Khan s/o Yusuf Khan, Hasan HusainKhan s/o Yusuf Khan, Miss Ayarat D/o Yusuf Khan, Miss Hamida D/o Yusuf Khan, Smt. Sayeeda ja Ahmad Khan, Inspector General of Registration, State of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order rejecting condonation of delay in challenging mutation entry.
Remedy Sought
Petitioners sought setting aside of the order dated 30/07/2019 passed by the Sub-Divisional Officer, Nagpur, which rejected their application for condonation of delay of 35 years in challenging the mutation entry in the name of respondent Nos. 1 and 2.
Filing Reason
The petitioners challenged the mutation entry made in the name of respondent Nos. 1 and 2, but there was a delay of 35 years. The Sub-Divisional Officer rejected the delay condonation application on the ground of absence of reasons.
Previous Decisions
The Sub-Divisional Officer, Nagpur, by order dated 30/07/2019, rejected the application for condonation of delay of 35 years in challenging the mutation entry.
Issues
Whether the delay of 35 years in challenging the mutation entry can be condoned when the authorities failed to make correct mutation entry as per statutory duty under Sections 150 and 154 of the Maharashtra Land Revenue Code, 1966.
Submissions/Arguments
Petitioners argued that there is no delay as the obligation to make correct mutation entry is on the authority under Sections 150 and 154 of the Maharashtra Land Revenue Code, and the authorities committed the mistake, so the delay cannot be attributed to the petitioners.
Respondents opposed the petition, but their specific arguments are not recorded in the provided text.
Ratio Decidendi
The obligation to make correct mutation entry is on the revenue authorities under Sections 150 and 154 of the Maharashtra Land Revenue Code, 1966. If the authorities fail in their statutory duty, the delay in challenging the mutation entry cannot be attributed to the petitioner. Therefore, the delay condonation application should be considered on merits, taking into account the statutory duty of the authorities.
Judgment Excerpts
the obligation, for making a correct mutation entry was that of the authority based upon the language of Section 150 read with Section 154 of the Maharashtra Land Revenue Code and as the authorities had committed the mistake, the petitioner cannot be blamed for the same.
Procedural History
The petitioners filed an application before the Sub-Divisional Officer, Nagpur, challenging the mutation entry in the name of respondent Nos. 1 and 2, along with an application for condonation of delay of 35 years. The Sub-Divisional Officer rejected the delay condonation application by order dated 30/07/2019. The petitioners then filed the present writ petition before the Bombay High Court at Nagpur.
Acts & Sections
- Maharashtra Land Revenue Code, 1966: 150, 154
