Case Note & Summary
The case involves a challenge to an order passed by the Deputy Collector (Land Reforms), Udgir, under Section 59 of the Maharashtra Land Revenue Code, 1966, concerning agricultural land bearing Survey No. 69/1 (now Gut No. 77), admeasuring 23 acres 9 gunthas, situated at village Nalegaon, then under Ahmedpur Tahsil and now under Chakur Tahsil. The land was originally an inferior watan inam, with one Rama being the original inamdar. The inam was abolished on 1st February, 1962 under the Bombay Inferior Village Watans Abolition Act, 1958. The inam land was re-granted in favour of the inamdar on payment of occupancy price. The dispute arose when the Deputy Collector, in proceedings under Section 59 of the Maharashtra Land Revenue Code, 1966, re-granted the land to respondent No. 5, Hawagi s/o Ram Birajdar, as the successor-in-interest of the original inamdar. The petitioners, who are the legal representatives of Bhagwantrao Munjane, challenged this order, claiming that they had purchased the land from the original inamdar's successor and thus had title. The petitioners argued that the Deputy Collector erred in re-granting the land to respondent No. 5 without considering their claim. The respondents, including the State of Maharashtra and respondent No. 5, contended that the re-grant was valid and that the petitioners had no title. The court analyzed the evidence and found that the petitioners failed to produce the original sale deed or prove its execution. The court held that the burden of proof was on the petitioners to establish their title, which they did not discharge. Consequently, the court dismissed the petition, upholding the Deputy Collector's order. The court also noted that the re-grant under Section 59 of the Maharashtra Land Revenue Code, 1966 was properly made to the successor-in-interest of the original inamdar.
Headnote
A) Land Revenue - Re-grant of Inam Land - Section 59 Maharashtra Land Revenue Code, 1966 - Bombay Inferior Village Watans Abolition Act, 1958 - The dispute pertained to agricultural land which was an inferior watan inam abolished on 1st February, 1962. The Deputy Collector re-granted the land to the respondent No. 5 as successor-in-interest of the original inamdar. The petitioners challenged the order claiming title through a sale deed. The court held that the re-grant was valid and the petitioners failed to prove their title. (Paras 1-5)
B) Evidence - Burden of Proof - Title Dispute - The petitioners claimed title based on a sale deed but did not produce the original or prove execution. The court held that the burden was on the petitioners to establish their title, which they failed to discharge. (Paras 4-5)
Issue of Consideration
Whether the Deputy Collector's order under Section 59 of the Maharashtra Land Revenue Code, 1966, re-granting the inam land to the respondent No. 5 was legal and proper, and whether the petitioners had any right or title over the land.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Deputy Collector re-granting the land to respondent No. 5. The court held that the petitioners failed to establish their title over the land and that the re-grant under Section 59 of the Maharashtra Land Revenue Code, 1966 was properly made.
Law Points
- Inferior Watan Inam
- Re-grant
- Section 59 Maharashtra Land Revenue Code
- 1966
- Bombay Inferior Village Watans Abolition Act
- 1958
- Burden of proof
- Title dispute
Case Details
2010 LawText (BOM) (07) 10
WRIT PETITION NO. 755 OF 1993
Mrs. M.D. Thube-Mhase for the petitioners, Mr. N.H. Borade, A.G.P. for respondents No. 1 to 4, Mr. S.V. Chandole holding for Mr. V.G. Sakolkar for respondent No. 5
Bhagwantrao @ Bhagwan @ Bhagwat s/o Mahadu Munjane, Since deceased by L.Rs. 1A. Smt. Rukhminbai w/o Bhagwantrao Munjane, 1B. Ankush s/o Bhagwantrao Munjane, 1C. Madhavrao s/o Bhagwantrao Munjane, 1D. Nilkanth s/o Bhagwantrao Munjane, 1E. Suryakant s/o Bhagwantrao Munjane
1. The State of Maharashtra, 2. The Collector, Latur, 3. The Deputy Collector (Land Reforms), Latur, 4. The Tahsildar, Ahmedpur, presently at Chakur, Dist. Latur, 5. Hawagi s/o Ram Birajdar
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Nature of Litigation
Writ petition challenging the order of the Deputy Collector under Section 59 of the Maharashtra Land Revenue Code, 1966, re-granting inam land to respondent No. 5.
Remedy Sought
The petitioners sought to quash the Deputy Collector's order re-granting the land to respondent No. 5 and to declare their title over the land.
Filing Reason
The petitioners claimed that they had purchased the land from the original inamdar's successor and that the Deputy Collector erred in re-granting the land to respondent No. 5 without considering their claim.
Previous Decisions
The Deputy Collector (Land Reforms), Udgir, passed an order under Section 59 of the Maharashtra Land Revenue Code, 1966, re-granting the land to respondent No. 5.
Issues
Whether the Deputy Collector's order under Section 59 of the Maharashtra Land Revenue Code, 1966, re-granting the inam land to respondent No. 5 was legal and proper.
Whether the petitioners had any right or title over the land in question.
Submissions/Arguments
The petitioners argued that they had purchased the land from the original inamdar's successor and thus had title, and that the Deputy Collector erred in not considering their claim.
The respondents contended that the re-grant was validly made to the successor-in-interest of the original inamdar and that the petitioners failed to prove their title.
Ratio Decidendi
The burden of proof lies on the party claiming title to establish it. In the absence of credible evidence, such as the original sale deed or proof of its execution, the claim of title cannot be sustained. The re-grant of inam land under Section 59 of the Maharashtra Land Revenue Code, 1966 to the successor-in-interest of the original inamdar is valid.
Judgment Excerpts
Challenge in this petition is to judgement and order rendered by learned Deputy Collector (Land Reforms), Udgir, in the proceedings under section 59 of the Maharashtra Land Revenue Code, 1966.
There is no dispute about the fact that the land in question was an inferior watan inam.
The inam was abolished on 1st February, 1962 as provided under the Bombay Inferior Village Watans Abolition Act, 1958.
The inam land was re-granted in favour of the inamdar on payment of occupancy price.
Procedural History
The Deputy Collector (Land Reforms), Udgir, passed an order under Section 59 of the Maharashtra Land Revenue Code, 1966, re-granting the land to respondent No. 5. The petitioners challenged this order by filing Writ Petition No. 755 of 1993 before the Bombay High Court, Bench at Aurangabad. The High Court heard the matter and dismissed the petition on 20th July, 2010.
Acts & Sections
- Maharashtra Land Revenue Code, 1966: 59
- Bombay Inferior Village Watans Abolition Act, 1958:
