Case Note & Summary
The petitioner, Janata Commercial Cooperative Bank Ltd., had granted a loan of Rs. 5 lakh to M/s Satyanarayan Mohanlal on 30/5/1999 at 18% interest per annum. Respondents No. 2 to 4 stood as guarantors and agreed to create a charge over their plots at Shegaon. The bank requested revenue officials to record the charge entry, which was done. Subsequently, the entry was deleted, and the bank applied for its continuation. The Tahsildar ordered recording of the entry on 15/2/2003. Respondents No. 2 to 4 appealed to the Sub Divisional Officer, which was dismissed. After about five years, they filed a review application to the Minister of State for Revenue on 3/12/2008, without any application for condonation of delay. The Minister treated it as a revision under Section 258 of the Maharashtra Land Revenue Code and allowed it, directing deletion of the charge entry. The bank challenged this order. The High Court held that the Minister could not entertain the revision after such a long delay without considering the delay aspect. The court quashed the Minister's order and restored the Tahsildar's order.
Headnote
A) Limitation - Delay Condonation - Revision under Section 258 of Maharashtra Land Revenue Code - The Minister of State for Revenue allowed a revision application filed after a delay of about five years without considering the delay and without any application for condonation of delay - Held that the order is unsustainable and liable to be quashed (Paras 3-5).
Issue of Consideration
Whether the Minister of State for Revenue could entertain a revision application under Section 258 of the Maharashtra Land Revenue Code after a delay of about five years without considering the aspect of delay and without any application for condonation of delay.
Final Decision
The High Court allowed the writ petition, quashed the order dated 3/12/2008 passed by the Minister of State for Revenue, and restored the order passed by the Tahsildar on 15/2/2003.
Law Points
- Limitation
- Delay Condonation
- Revision under Section 258 of Maharashtra Land Revenue Code
- Charge over Property
- Cooperative Bank Recovery
Case Details
2010 LawText (BOM) (06) 149
WRIT PETITION NO. 2181 OF 2009
Shri A. V. Bhide for petitioner, Mr. D. B. Patel for respondent No. 1, Mr. R. K. Thakkar for respondent No. 2
The Janata Commercial Cooperative Bank Ltd.
State of Maharashtra, Sau. Lata Madhusudan Tibdewal, Sau. Shakuntala Gopalchand Agrawal, Gopalchand Tarachand Agrawal
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Nature of Litigation
Writ petition challenging the order of the Minister of State for Revenue allowing a revision application and directing deletion of charge entry in revenue records.
Remedy Sought
The petitioner bank sought quashing of the Minister's order and restoration of the Tahsildar's order recording the charge entry.
Filing Reason
The Minister allowed a revision application after a delay of about five years without considering the delay and without any application for condonation of delay.
Previous Decisions
The Tahsildar ordered recording of charge entry on 15/2/2003. The Sub Divisional Officer dismissed the appeal of respondents No. 2 to 4. The Minister of State for Revenue allowed the revision application on 3/12/2008.
Issues
Whether the Minister of State for Revenue could entertain a revision application under Section 258 of the Maharashtra Land Revenue Code after a delay of about five years without considering the aspect of delay and without any application for condonation of delay.
Submissions/Arguments
The petitioner argued that the review application was filed after about five years without any application for condonation of delay, and the Minister treated it as a revision under Section 258 of the Maharashtra Land Revenue Code without considering the delay.
Ratio Decidendi
A revision application under Section 258 of the Maharashtra Land Revenue Code cannot be entertained after a long delay without considering the aspect of delay and without any application for condonation of delay. The order passed without such consideration is unsustainable.
Judgment Excerpts
The Minister of State for Revenue has decided the matter without considering the aspect of delay in presenting the matter and has proceeded to allow the revision application and directed deletion of the entry in respect of charge recorded in the revenue record pertaining to the property belonging to respondents No. 2 to 4.
Procedural History
The petitioner bank granted loan on 30/5/1999. Charge entry recorded. Entry deleted. Bank applied for continuation on 31/8/2007. Tahsildar ordered recording on 15/2/2003. Respondents appealed to Sub Divisional Officer, appeal dismissed. After about five years, respondents filed review to Minister on 3/12/2008. Minister allowed revision. Bank filed writ petition on 2009.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 48
- Maharashtra Land Revenue Code: Section 258
