Case Note & Summary
The case involved multiple writ petitions clubbed before the Bombay High Court at Aurangabad, filed by legal heirs of Inamdars and their successors in title, challenging orders passed by revenue authorities under the Hyderabad Abolition Inam and Cash Grants Act, 1954. The subject lands were Survey Nos. 6/1 and 6/2 situated at Satara, Aurangabad. The dispute had a protracted litigation history. Initially, in 1991, the Deputy Collector had granted occupancy rights to one Asaram Chopde and others over 18 acres and 23 guntas of the said survey numbers. The Additional Commissioner remanded the matter in 1992, and upon fresh enquiry, the Deputy Collector again confirmed the grant of occupancy rights in 2001. The Inamdars challenged this order before the Minister (Revenue), who allowed their appeal on 21 January 2004 and set aside the occupancy rights. The affected tenants, Tulsiram Palaskar and Laxman, filed Writ Petition No. 1486 of 2004 before the High Court, which was dismissed on 10 March 2004. A subsequent special leave petition before the Supreme Court was also dismissed. Despite this, fresh orders were passed: on 30 May 2014 by the Deputy Collector, confirmed by the Additional Collector on 28 December 2017, and finally by the Additional Divisional Commissioner on 6 June 2022, which again appeared to grant or confirm occupancy rights to certain private respondents. Aggrieved, the legal heirs of the Inamdars and their successors filed the present writ petitions in 2022. The petitions were heard together by a single judge, who issued rule and made it returnable forthwith. The court observed that all petitions raised common questions of fact and law. However, the available judgment text is incomplete and does not contain the final reasoning, analysis, or decision of the court. The known facts reveal a recurring conflict over occupancy rights, with the petitioners arguing that the impugned orders violated the finality of the earlier decisions that had rejected tenancy claims. The respondents likely supported the impugned orders. Due to the incomplete record, the ultimate outcome and the specific legal ratio cannot be determined.
Headnote
A) Revenue Law - Inam and Occupancy Rights - Hyderabad Abolition Inam and Cash Grants Act, 1954 - The matter concerned challenge to revenue authorities' orders dated 06.06.2022, 28.12.2017, and 30.05.2014 regarding occupancy/tenancy rights over Survey Nos. 6/1 and 6/2; earlier round of litigation resulted in rejection of tenants' occupancy rights by Minister (Revenue) upheld by High Court and Supreme Court. (Paras 2-3) (Judgment text incomplete; final holding not available).
Issue of Consideration
Whether the orders dated 06.06.2022, 28.12.2017, and 30.05.2014 passed by the Additional Divisional Commissioner, Additional Collector, and Deputy Collector respectively, relating to occupancy/tenancy rights over land Survey Nos. 6/1 and 6/2 under the Hyderabad Abolition Inam and Cash Grants Act, 1954, were valid and sustainable.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
Case Details
2026 LawText (BOM) (06) 176
Writ Petition Nos. 9715, 11740, 12182, and 10895 of 2022
Mr. G. K. Naik Thigle for Petitioners in WP 9715/2022; Mr. Shakil U. Shaikh holding for Mr. S. B. Ghute for WP 11740/2022; Mr. Shaikh Mujtaba Gulam Mustafa for WP 12182/2022; Mr. D. A. Mane holding for Mr. M. D. Gitte for WP 10895/2022; Mr. S. N. Kendre, AGP for State; Mr. V. D. Sapkal, Senior Counsel instructed by Mr. S. S. Shete for Caveator
Shaikh Afzal Shaikh Budhan and others, Murlidhar Keshav Dixit and others, Amit Arvind Agarwal, Tukaram Kishan Khedkar and others
State of Maharashtra, Additional Divisional Commissioner, Additional Collector, Deputy Collector, Tahsildar, and private respondents including Prashant Bansilal Bamb and others
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Nature of Litigation
Writ petitions under Article 226 of the Constitution of India challenging revenue orders passed under the Hyderabad Abolition Inam and Cash Grants Act, 1954
Remedy Sought
Petitioners sought to quash order dated 06.06.2022 passed by Additional Divisional Commissioner confirming earlier orders of Additional Collector and Deputy Collector, and to set aside occupancy/tenancy rights granted to respondents over Survey Nos. 6/1 and 6/2
Filing Reason
The petitioners contended that the revenue authorities erroneously granted occupancy rights to the private respondents despite earlier rejection of such claims by the Minister (Revenue) and upheld by the High Court and Supreme Court
Previous Decisions
Deputy Collector granted occupancy rights to Asaram Chopde and Narayan Chopde et al. on 30.07.1991; Additional Commissioner remanded on 13.08.1992; Deputy Collector re-confirmed order on 31.10.2001; Minister (Revenue) set aside occupancy rights on 21.01.2004; High Court dismissed WP No. 1486/2004 on 10.03.2004; SLP dismissed. Subsequently, new orders dated 30.05.2014 by Deputy Collector, 28.12.2017 by Additional Collector, and 06.06.2022 by Additional Divisional Commissioner confirmed occupancy rights.
Issues
Whether the orders dated 06.06.2022, 28.12.2017, and 30.05.2014 were passed in violation of the principles of res judicata or finality of earlier proceedings
Whether the revenue authorities had jurisdiction to re-determine occupancy rights after the Minister (Revenue) had finally adjudicated the claims and the decision was upheld by the High Court and Supreme Court
Submissions/Arguments
Ratio Decidendi
Ratio not explicitly mentioned
Judgment Excerpts
These Petitions take exception to the order dated 06.06.2022 passed by the Additional Divisional Commissioner in vkjvksvkj@MsLd buke@08&09&10@2018 confirming the order dated 28.12.2017 passed by the Additional Collector which confirmed the order dated 30.05.2014 passed by the Deputy Collector.
It is the case of the Petitioners that in the previous round of litigation Mr. Palaskar and others claimed themselves to be the tenants in respect of the subject lands and had initiated proceedings under the provisions of Hyderabad Abolition Inam and Cash Grants Act, 1954.
Procedural History
Deputy Collector granted occupancy rights to Asaram Chopde and others on 30.07.1991; Additional Commissioner remanded the matter on 13.08.1992; Deputy Collector on fresh enquiry confirmed earlier order on 31.10.2001; Minister (Revenue) allowed Inamdars' appeal and set aside occupancy rights on 21.01.2004; High Court dismissed WP No. 1486/2004 filed by tenants on 10.03.2004; SLP dismissed. Subsequently, Deputy Collector passed order on 30.05.2014, confirmed by Additional Collector on 28.12.2017, and finally confirmed by Additional Divisional Commissioner on 06.06.2022. Petitioners filed the present writ petitions in 2022, and the court heard them together, issuing rule on 13.10.2025.
Acts & Sections
- Hyderabad Abolition Inam and Cash Grants Act, 1954:
