Case Note & Summary
The petitioners, legal heirs of Hari G. Koli, challenged an order dated August 21, 2019 passed by the District Superintendent of Land Records, Solapur, condoning the delay in filing an appeal for correction of area of the respondent's land under a Consolidation Scheme. The land in question was Survey No. 115, originally admeasuring 27 Hectares 6 Gunthas, owned by Hari G. Koli. The respondent, Bhanudas Yesu Gadade, claimed that the area recorded in his favour was less than what was actually allotted under the scheme. The appeal was filed after a delay of about 30 years. The authority condoned the delay, finding sufficient cause. The petitioners argued that the delay was inordinate and no sufficient cause was shown. The court, however, held that the authority had applied its mind and the order was not perverse or without jurisdiction. The court dismissed the petition, directing the petitioners to participate in the appeal proceedings and seek appropriate relief before the appellate authority.
Headnote
A) Condonation of Delay - Sufficient Cause - Section 5 of Limitation Act, 1963 - The court considered whether a delay of about 30 years in filing an appeal for correction of land area under a Consolidation Scheme could be condoned. The court held that the authority had applied its mind and found sufficient cause for the delay, and the High Court in writ jurisdiction would not interfere with such a discretionary order unless it is perverse or without jurisdiction. (Paras 1-10)
B) Consolidation Scheme - Correction of Area - The dispute pertained to the area of land originally owned by Hari G. Koli, which was subject to a Consolidation Scheme. The respondent claimed that the area recorded was less than what was actually allotted. The court noted that the authority had condoned the delay and directed the petitioners to participate in the appeal proceedings. (Paras 3-8)
Issue of Consideration
Whether the District Superintendent of Land Records was justified in condoning the delay of about 30 years in filing the appeal for correction of area of land under the Consolidation Scheme.
Final Decision
The High Court dismissed the writ petition, upholding the order condoning delay, and directed the petitioners to participate in the appeal proceedings before the District Superintendent of Land Records.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation Act
- 1963
- Section 5
- Consolidation Scheme
- Land Records
- Appeal
Case Details
2023 LawText (BOM) (07) 123
WRIT PETITION NO. 12303 OF 2019
Mr. Ajay A. Joshi for Petitioner, Mr. S.S. Patwardhan for Respondent no.1, Mr. A.P. Vanarse, AGP for State
Shri. Santosh Namdeo Koli, Smt. Sarubai Namdeo Koli, Smt. Tai Dnyaneshwar Koli, Smt. Rani Bapur alias @ Dharmaraj Mane, Smt. Padmabai Dada Koli
Mr. Bhanudas Yesu Gadade, Namdeo Hari Koli (died through legal heirs), Mahadeo Bandoba Mane (died through legal heirs), District Superintendent of Land Record
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Nature of Litigation
Writ petition challenging order condoning delay in filing appeal for correction of land area under Consolidation Scheme.
Remedy Sought
Petitioners sought quashing of order dated August 21, 2019 passed by District Superintendent of Land Records, Solapur condoning delay.
Filing Reason
Petitioners challenged the condonation of delay of about 30 years in filing appeal for correction of area of respondent's land.
Previous Decisions
District Superintendent of Land Records, Solapur passed order dated August 21, 2019 condoning delay.
Issues
Whether the District Superintendent of Land Records was justified in condoning the delay of about 30 years in filing the appeal for correction of area of land under the Consolidation Scheme.
Submissions/Arguments
Petitioners argued that the delay of about 30 years was inordinate and no sufficient cause was shown for the delay.
Respondent argued that the authority had applied its mind and found sufficient cause, and the order should not be interfered with.
Ratio Decidendi
The court held that the authority had applied its mind and found sufficient cause for condoning the delay. In writ jurisdiction, the High Court would not interfere with a discretionary order unless it is perverse or without jurisdiction.
Judgment Excerpts
By this petition, Petitioners challenge order dated August 21, 2019 passed by the District Superintendent of Land Records, Solapur thereby condoning the delay in filing Appeal for correction of area of Respondent’s land under the Consolidation Scheme.
The authority has applied its mind and found sufficient cause for condoning the delay. The order is not perverse or without jurisdiction.
Procedural History
The respondent filed an appeal before the District Superintendent of Land Records, Solapur for correction of area of land under the Consolidation Scheme. The appeal was filed with a delay of about 30 years. The authority condoned the delay by order dated August 21, 2019. The petitioners challenged this order by filing Writ Petition No. 12303 of 2019 before the Bombay High Court.
Acts & Sections
- Limitation Act, 1963: Section 5
