Case Note & Summary
The petitioners, owners of various lands in Bhayander (West), Thane, filed applications dated 13/7/2010 and 11/8/2010 before the Collector, Thane, seeking Non-Agricultural (NA) permission under the Maharashtra Land Revenue Code, 1966. The Collector rejected these applications without following the procedure prescribed under the Code. Aggrieved, the petitioners filed a writ petition under Article 226 of the Constitution of India seeking a direction to the Collector to reconsider their applications in accordance with law. The court observed that the Collector's order did not reflect any application of mind or compliance with the statutory procedure. The court held that the Collector must reconsider the applications afresh, following the due process under the Maharashtra Land Revenue Code, 1966. The petition was allowed, and the Collector was directed to pass a fresh order within a reasonable time.
Headnote
A) Land Revenue - Non-Agricultural Permission - Duty to Consider - Maharashtra Land Revenue Code, 1966 - Petitioners applied for NA permission for their lands; Collector rejected applications without following prescribed procedure - Court held that the Collector must reconsider the applications in accordance with law and procedure under the Code - Held that the impugned order was unsustainable as it did not comply with statutory requirements (Paras 2-5).
Issue of Consideration
Whether the Collector was justified in rejecting the petitioners' applications for Non-Agricultural (NA) permission without following the procedure laid down under the Maharashtra Land Revenue Code, 1966.
Final Decision
The writ petition is allowed. The impugned order of the Collector is set aside. The Collector is directed to reconsider the petitioners' applications dated 13/7/2010 and 11/8/2010 afresh in accordance with law and the procedure under the Maharashtra Land Revenue Code, 1966, and pass a reasoned order within a period of three months from the date of receipt of this order.
Law Points
- Natural justice
- duty to consider applications
- procedural compliance under Maharashtra Land Revenue Code
- 1966
- writ jurisdiction under Article 226
Case Details
2011 LawText (BOM) (07) 140
WRIT PETITION NO.2399 OF 2011
MOHIT S. SHAH, C. J., GIRISH GODBOLE, J
Mr. Sandesh D. Patil and Mr. Harish P Jain for petitioners; Mr. S.N.Patil, AGP for respondent Nos. 1 and 2; Ms. Sheetal Shah i/b. Mehta & Giridharlal for respondent No.3
Mr. Shrikant Keshavrao Rakvi and others
The State of Maharashtra and others
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction to Collector to reconsider applications for Non-Agricultural permission.
Remedy Sought
Direction to Respondent No.2 (Collector, Thane) to reconsider the applications dated 11/8/2010 and 13/7/2010 for NA permission following procedure under Maharashtra Land Revenue Code, 1966.
Filing Reason
Collector rejected the petitioners' applications for NA permission without following the prescribed procedure.
Issues
Whether the Collector's rejection of NA applications was sustainable without following procedure under Maharashtra Land Revenue Code, 1966.
Submissions/Arguments
Petitioners argued that the Collector did not follow the procedure laid down under the Maharashtra Land Revenue Code, 1966 while rejecting their NA applications.
Ratio Decidendi
The Collector must follow the procedure prescribed under the Maharashtra Land Revenue Code, 1966 while deciding applications for Non-Agricultural permission. An order passed without such procedure is unsustainable and liable to be set aside.
Judgment Excerpts
By an appropriate writ/order/direction of this Hon’ble court the Respondent No.2 be directed to ‘Reconsider’ the applications dated 11/8/2010 and 13/7/2010 filed by the Petitioners for N.A. in respect of the properties mentioned therein by following the procedure as laid down under the provisions of Maharashtra Land Revenue Code, 1966.
Procedural History
Petitioners filed applications for NA permission on 13/7/2010 and 11/8/2010 before the Collector, Thane. The Collector rejected the applications. Petitioners then filed the present writ petition under Article 226 of the Constitution of India.
Acts & Sections
- Maharashtra Land Revenue Code, 1966:
- Constitution of India: Article 226
