Case Note & Summary
The petitioners, claiming to be owners of land bearing Old Survey No.447, New Survey No.142, Hissa No.4 admeasuring 4310 sq.meters at village Navghar, Taluka and District Thane, filed a writ petition under Article 226 of the Constitution of India. They sought directions to the Collector (Respondent No.2) to consider their application dated 10/11/2011 for Non-Agricultural (NA) permission and to the Talathi (Respondent No.3) to consider their application dated 25/1/2010 for mutation in the 7/12 Extract, both in respect of the suit property. The petitioners contended that despite filing the applications, the authorities had not taken any action. The respondents, including the State of Maharashtra, Collector, Talathi, and a private company (Respondent No.4), were represented. The court, after hearing the parties, held that the revenue authorities are duty-bound to consider the applications in accordance with the provisions of the Maharashtra Land Revenue Code, 1966. The court directed Respondent No.2 to consider the NA permission application and Respondent No.3 to consider the mutation application, both within a specified period, by following due process of law. The petition was disposed of with these directions, and rule was made absolute accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Duty of Public Authorities - Article 226 of Constitution of India - Petitioners sought direction to revenue authorities to consider their applications for NA permission and mutation - Court held that the authorities are bound to consider the applications in accordance with law and pass appropriate orders - Held that writ of mandamus is maintainable to compel performance of statutory duty (Paras 2-3).
Issue of Consideration
Whether the revenue authorities are bound to consider the applications filed by the petitioners for NA permission and mutation in accordance with the provisions of the Maharashtra Land Revenue Code, 1966.
Final Decision
The court directed Respondent No.2 (Collector) to consider the application dated 10/11/2011 for NA permission and Respondent No.3 (Talathi) to consider the application dated 25/1/2010 for mutation, both in accordance with the provisions of the Maharashtra Land Revenue Code, 1966, and pass appropriate orders within a specified period. Rule made absolute.
Law Points
- Writ of mandamus
- duty of revenue authorities to consider applications
- Maharashtra Land Revenue Code
- 1966
- Article 226 of Constitution of India
