Case Note & Summary
The petitioner, Nivratti Namdeo alias Laman Rathod, filed a writ petition challenging an order dated 3.5.1991 passed by the Additional Commissioner, Aurangabad, in Revision Application No.91.Rev.R.31. The Additional Commissioner had dismissed the petitioner's revision application on grounds of delay and because no substantial reason was found to interfere with the order of the Additional Collector, Osmanabad. The dispute pertained to agricultural lands bearing Survey Nos.175, 176, and 177 situated at Omerga, which were Inam lands held by Yeshwant Bharti Buwa as Inamdar. The Inamdar had died, and succession proceedings were not yet completed. The petitioner claimed tenancy rights over the said lands, asserting that one Dharu Laman, along with his sons Pandu and the petitioner himself, were tenants. The High Court, after considering the rival contentions, held that it was not necessary to elaborately set out the arguments. The court found that the Additional Commissioner had not committed any error in dismissing the revision application due to delay and lack of substantial grounds. The writ petition was dismissed, affirming the revisional order.
Headnote
A) Tenancy Law - Inam Lands - Succession Proceedings - Delay - The petitioner claimed tenancy rights over Inam lands held by deceased Inamdar Yeshwant Bharti Buwa, but succession proceedings were not completed. The Additional Commissioner dismissed the revision application on grounds of delay and lack of substantial reason to interfere. The High Court upheld the order, finding no error in the revisional authority's exercise of discretion. (Paras 1-2)
Issue of Consideration
Whether the Additional Commissioner was justified in dismissing the revision application on grounds of delay and lack of substantial reason to interfere with the order of the Additional Collector.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Additional Commissioner dated 3.5.1991.
Law Points
- Delay in filing revision
- lack of substantial reason to interfere
- tenancy rights in Inam lands
- succession proceedings
Case Details
2010 LawText (BOM) (01) 428
Writ Petition No.1737 of 1991
Mr. P.V. Mandlik (Sr. advocate for petitioner), Mr. N.N. Jadhav (A.G.P. for respondents)
Nivratti S/o Namdeo alias Laman Rathod
The State of Maharashtra, The Additional Commissioner Aurangabad, The Collector Osmanabad, The Tahsildar Omerga
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of Additional Commissioner dismissing revision application in tenancy dispute.
Remedy Sought
Petitioner sought to quash the order dated 3.5.1991 passed by Additional Commissioner dismissing his revision application.
Filing Reason
Petitioner claimed tenancy rights over Inam lands and challenged the dismissal of his revision application on grounds of delay and lack of substantial reason.
Previous Decisions
Additional Collector, Osmanabad passed an order which was challenged in revision before Additional Commissioner, who dismissed the revision on 3.5.1991.
Issues
Whether the Additional Commissioner was justified in dismissing the revision application on grounds of delay and lack of substantial reason to interfere.
Submissions/Arguments
Petitioner argued that he had tenancy rights over the Inam lands and that the revisional authority erred in dismissing his application.
Respondents supported the revisional order, contending that the delay was not explained and no substantial ground was made out.
Ratio Decidendi
The revisional authority's dismissal of a revision application on grounds of delay and lack of substantial reason to interfere is justified when the petitioner fails to explain the delay and does not raise substantial questions of law or fact.
Judgment Excerpts
Challenge in this petition is to order dated 3.5.1991, rendered by learned Additional Commissioner, Aurangabad in a Revision application bearing No.91.Rev.R.31.
It is not necessary to elaborately set out the rival contentions. Suffice it to say that agricultural lands S.Nos.175, 176 and 177 situated at Omerga were said to be Inam lands, held by Yeshwant Bharti Buwa as Inamdar.
Procedural History
The petitioner filed a revision application before the Additional Commissioner, Aurangabad, against an order of the Additional Collector, Osmanabad. The Additional Commissioner dismissed the revision on 3.5.1991 on grounds of delay and lack of substantial reason. The petitioner then filed the present writ petition in the High Court.
Acts & Sections
- Maharashtra Tenancy and Agricultural Lands Act:
