Case Note & Summary
The petitioner, a 61-year-old widow, challenged the order dated 04.03.2015 passed by the Tahsildar, Newasa, cancelling the Non-Agricultural (NA) permission granted to her on 06.08.1992 under Section 44 of the Maharashtra Land Revenue Code, 1966. The petitioner had inherited agricultural land and sought NA permission to start a traditional brick-kiln business for her livelihood. The permission was granted for 10 R of land out of Survey No.51 of village Karajgaon. Subsequently, a third party, who had been defeated in civil litigation regarding the same land, influenced the Tahsildar to cancel the permission. The Tahsildar passed the impugned order without issuing any notice or hearing to the petitioner, acting at the behest of the third party. The court found that the Tahsildar's action was arbitrary, mala fide, and without jurisdiction, as the civil court decrees had already upheld the petitioner's rights. The court quashed the order dated 04.03.2015 and restored the NA permission, directing the Tahsildar to act in accordance with law and not be influenced by third parties.
Headnote
A) Administrative Law - Arbitrary Exercise of Power - Cancellation of NA Permission - Section 44 of the Maharashtra Land Revenue Code, 1966 - The Tahsildar cancelled the NA permission granted to the petitioner in 1992 at the instance of a third party who had lost all rounds of civil litigation. The court held that the order was arbitrary, mala fide, and without jurisdiction, as the Tahsildar acted as a tool of the third party. (Paras 3-5) B) Natural Justice - Violation of Principles - Cancellation Without Notice - The Tahsildar cancelled the NA permission without issuing any notice or hearing to the petitioner. The court held that such cancellation without affording an opportunity of hearing is violative of principles of natural justice. (Para 5) C) Civil Procedure - Res Judicata - Effect of Civil Court Decrees - The third party had filed civil suits which were dismissed, and the decrees had become final. The court held that the Tahsildar could not sit in appeal over civil court decrees and cancel the permission on grounds already adjudicated. (Para 5)
Issue of Consideration
Whether the Tahsildar's order cancelling the NA permission granted to the petitioner in 1992 was arbitrary, mala fide, and passed without jurisdiction, particularly when the third party had been defeated in civil litigation.
Final Decision
The court allowed the writ petition, quashed the order dated 04.03.2015 passed by the Tahsildar, Newasa, and restored the NA permission granted on 06.08.1992. The court directed the Tahsildar to act in accordance with law and not be influenced by third parties.
Law Points
- Arbitrary exercise of power
- Mala fide action
- Cancellation without notice
- Section 44 Maharashtra Land Revenue Code
- 1966
- Abuse of process
- Third party influence
