Case Note & Summary
The petitioners, legal heirs of original tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Tahsildar, Beed, which cancelled mutation entries and a certificate dated 01.09.1960 issued under Section 38(E) of the Hyderabad Tenancy and Agricultural Land Act, 1950, in respect of agricultural lands in Mouje Talegaon, District Beed. The petitioners had been recorded as owners/occupants in the revenue records based on the certificate and subsequent mutations. The Tahsildar's order was passed without any notice to the petitioners, and the certificate had attained finality after 65 years. The court held that the Tahsildar lacked jurisdiction to cancel the certificate and mutation entries, as the certificate under Section 38(E) is a quasi-judicial order that can only be challenged before a civil court or appropriate forum. The impugned order was quashed and set aside, with liberty to respondent no.2 to approach the appropriate forum for any grievance.
Headnote
A) Tenancy Law - Jurisdiction of Tahsildar - Cancellation of Certificate under Section 38(E) - Hyderabad Tenancy and Agricultural Land Act, 1950, Section 38(E) - The Tahsildar has no jurisdiction to cancel a certificate issued under Section 38(E) of the 1950 Act after 65 years, as the certificate attains finality and can only be challenged before a competent civil court or appropriate forum. The impugned order was passed without notice to the petitioners, violating principles of natural justice. Held that the order dated 04.09.2025 is quashed and set aside (Paras 7-9). B) Revenue Law - Mutation Entries - Cancellation by Tahsildar - Maharashtra Land Revenue Code, 1966 - The Tahsildar cannot suo motu cancel mutation entries that have been in existence for decades without following the procedure under the Maharashtra Land Revenue Code and without giving an opportunity of hearing to the persons whose names are recorded. Held that the impugned order is without jurisdiction and in violation of natural justice (Paras 7-9).
Issue of Consideration
Whether the Tahsildar has jurisdiction to cancel mutation entries and a certificate issued under Section 38(E) of the Hyderabad Tenancy and Agricultural Land Act, 1950, after a lapse of 65 years, without issuing notice to the affected parties.
Final Decision
The court allowed the writ petition and quashed and set aside the order dated 04.09.2025 passed by the Tahsildar, Beed. The court held that the Tahsildar had no jurisdiction to cancel the certificate under Section 38(E) of the 1950 Act and that the order was passed in violation of natural justice. Liberty was granted to respondent no.2 to approach the appropriate forum for any grievance.
Law Points
- Jurisdiction of Tahsildar under Maharashtra Land Revenue Code
- 1966
- Section 38(E) Hyderabad Tenancy and Agricultural Land Act
- 1950
- Cancellation of mutation entries
- Principles of natural justice
- Limitation for revenue authorities
