Case Note & Summary
The petitioner, Yadu Dagadu Amrale (since deceased, represented by legal heirs), filed a writ petition under Article 227 of the Constitution of India challenging an order dated 27.12.1989 passed by the Assistant Collector, Phaltan Sub Division, Phaltan in Case No. TNC/Appln/88B/1/87. The Assistant Collector had directed the issuance of an exemption certificate under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948 in respect of suit land admeasuring 3 hectares and 10 Ares from Gut No. 601 and Gut No. 605 of village Kanheri, Taluka Khandala, District Satara. The petitioner claimed to be a lawful tenant of the said land, asserting that one Abaji Balwant Gosavi, the original landlord, had created a tenancy in his favour prior to 1948 and that he remained in continuous possession as an agricultural tenant on crop share basis. The land was sold by Abaji Gosavi to Baburao Keshavrao Inamdar by registered sale deed dated 23.12.1940, and the petitioner's name was entered as a protected tenant under Section 3A of the Act. The respondent, Shriram Samarth Wasudev Swami Math, Kanheri, a public trust, claimed that the land was trust property used for religious and charitable purposes and sought exemption under Section 88-B. The Assistant Collector, after considering the material, granted the exemption certificate. The petitioner contended that the Assistant Collector erred in granting the exemption without giving him an opportunity of hearing and that the land was not trust property. The court, after hearing both sides, held that the Assistant Collector's order was based on evidence and did not suffer from any error of law. The court noted that the land belonged to a public trust and was used for religious and charitable purposes, thus falling within the exemption under Section 88-B. The petition was dismissed with no order as to costs.
Headnote
A) Tenancy Law - Exemption Certificate - Section 88-B Bombay Tenancy and Agricultural Lands Act, 1948 - Land belonging to a public trust used for religious and charitable purposes - Assistant Collector granted exemption certificate under Section 88-B - Petitioner claiming protected tenancy challenged the order - Court held that the land being trust property used for religious and charitable purposes is exempt from the provisions of the Act - The Assistant Collector's order was based on material evidence and did not suffer from any error of law - Petition dismissed (Paras 1-6).
Issue of Consideration
Whether the Assistant Collector was justified in granting an exemption certificate under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948 in respect of land claimed by the petitioner as a protected tenant.
Final Decision
The writ petition is dismissed. The order of the Assistant Collector dated 27.12.1989 granting exemption certificate under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948 is upheld. No order as to costs.
Law Points
- Section 88-B of Bombay Tenancy and Agricultural Lands Act
- 1948 exempts lands held by public trusts used for religious or charitable purposes from tenancy provisions
- protected tenant status cannot override exemption
- Assistant Collector's order granting exemption upheld
Case Details
2005 LawText (BOM) (04) 195
WRIT PETITION NO. 2200 OF 1991
Mr. V.A. Thorat for Petitioners, Ms. Aniketa Aher-Sawant h/f A.V. Anturkar for Respondent
Yadu Dagadu Amrale (since deceased by his legal heirs and legal representatives) 1. Anand Narayan Amrale, 2. Smt. Yamuna Shivaji Vaval, 3. Smt. Rukmini Vithal Chandanshive, 4. Smt. Chandrabhaga Narayan Amrale, 5. Pandurang Narayan Amrale, 6. Smt. Tai Sitaram Kasurde
Shriram Samarth Wasudev Swami Math, Kanheri, Public Trust No. NSA/911 Through Shri. Vasudeo Atmaram Gosavi, Trustee
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Nature of Litigation
Writ petition under Article 227 of the Constitution challenging order of Assistant Collector granting exemption certificate under Section 88-B of Bombay Tenancy and Agricultural Lands Act, 1948.
Remedy Sought
Petitioner sought quashing of the Assistant Collector's order dated 27.12.1989 granting exemption certificate.
Filing Reason
Petitioner claimed to be a protected tenant of the suit land and aggrieved by the grant of exemption certificate to the respondent trust.
Previous Decisions
Assistant Collector, Phaltan Sub Division, Phaltan passed order dated 27.12.1989 in Case No. TNC/Appln/88B/1/87 directing issuance of exemption certificate under Section 88-B.
Issues
Whether the Assistant Collector was justified in granting exemption certificate under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948.
Whether the petitioner was entitled to be heard before grant of exemption certificate.
Submissions/Arguments
Petitioner argued that he was a protected tenant and the land was not trust property; exemption was granted without giving him opportunity of hearing.
Respondent argued that the land belonged to a public trust used for religious and charitable purposes and was exempt under Section 88-B; the Assistant Collector's order was based on evidence.
Ratio Decidendi
Land belonging to a public trust used for religious and charitable purposes is exempt from the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 under Section 88-B. The Assistant Collector's order granting exemption certificate was based on material evidence and did not suffer from any error of law warranting interference under Article 227.
Judgment Excerpts
Being aggrieved by the order passed by the Assistant Collector, Phaltan Sub Division, Phaltan on 27.12.1989, in case No. TNC/Appln/88B/1/87, this petition under Article 227 of the Constitution has been filed by the cultivator who claims to be a protected tenant over the suit land.
By the impugned order, the Assistant Collector directed the issuance of exemption certificate under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948.
Procedural History
The Assistant Collector, Phaltan Sub Division, Phaltan passed order dated 27.12.1989 in Case No. TNC/Appln/88B/1/87 granting exemption certificate under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948. Aggrieved, the petitioner filed Writ Petition No. 2200 of 1991 under Article 227 of the Constitution before the Bombay High Court. The petition was heard and dismissed on 26.04.2005.
Acts & Sections
- Bombay Tenancy and Agricultural Lands Act, 1948: Section 88-B, Section 3A
- Constitution of India: Article 227
