Case Note & Summary
The petitioner, Viraj Profiles Ltd., filed a writ petition challenging the acquisition of land by the State of Maharashtra under the Maharashtra Land Revenue Code, 1966. The petitioner claimed ownership of the land based on a sale deed executed in its favor. However, the revenue records (7/12 extracts) showed the land as belonging to the government. The respondents, including private individuals and state authorities, opposed the petition, arguing that the petitioner had no title over the land. The court examined the revenue entries and found that the land was recorded as government property. The court held that the burden of proof lies on the claimant to establish title, and revenue entries are prima facie evidence of title. Since the petitioner failed to produce any revenue record in its name, the court dismissed the writ petition, holding that disputed questions of title cannot be adjudicated in writ jurisdiction. The court directed the petitioner to approach the civil court for establishing its title.
Headnote
A) Land Law - Title Dispute - Burden of Proof - Maharashtra Land Revenue Code, 1966 - The petitioner company claimed ownership of land based on a sale deed, but revenue records showed the land as government property. The court held that the burden to prove title lies on the claimant and revenue entries are prima facie evidence of title. Since the petitioner failed to produce any revenue record in its name, the writ petition was dismissed. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Disputed Questions of Fact - Constitution of India, Article 226 - The court held that in a writ petition under Article 226, disputed questions of title cannot be adjudicated. The proper remedy is to file a civil suit. The petitioner was directed to approach the civil court if it wished to establish its title. (Paras 8-10)
Issue of Consideration
Whether the petitioner company has established its title over the disputed land to challenge the acquisition proceedings initiated by the State under the Maharashtra Land Revenue Code, 1966.
Final Decision
The writ petitions are dismissed. The petitioner is directed to approach the civil court to establish its title if it so desires.
Law Points
- Burden of proof lies on claimant to establish title
- Revenue entries are prima facie evidence of title
- Writ court cannot adjudicate disputed questions of title
- Alternative remedy of civil suit available
