Case Note & Summary
The petitioners, legal heirs of the original watandar, challenged an order of the Maharashtra Revenue Tribunal remanding the case to the Sub-Divisional Officer for fresh enquiry under Section 9 of the Bombay Inferior Village Watans Abolition Act, 1958. The subject land, formerly an inferior village watan land, was resumed by the State and re-granted to the original watandar Baban Salve. The watandar entered into an agreement for sale with Renubai, predecessor-in-title of the petitioners. The dispute concerned the tenancy rights of the petitioners. The Sub-Divisional Officer had earlier decided the matter, but the Tribunal found that the evidence had not been properly considered and remanded the case. The High Court, in a petition under Article 227 of the Constitution, held that the Tribunal's order was justified and dismissed the petition, noting that the petitioners were in possession due to a stay order. The court found no error in the remand order and upheld the Tribunal's decision.
Headnote
A) Tenancy Law - Remand Order - Section 9 Bombay Inferior Village Watans Abolition Act, 1958 - The Maharashtra Revenue Tribunal remanded the case for fresh enquiry as the Sub-Divisional Officer had not properly considered the evidence regarding the tenancy rights of the petitioners. The High Court upheld the remand order, finding no error in the Tribunal's decision. (Paras 1-3)
Issue of Consideration
Whether the Maharashtra Revenue Tribunal was justified in remanding the case back to the Sub-Divisional Officer for fresh enquiry under Section 9 of the Bombay Inferior Village Watans Abolition Act, 1958.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Revenue Tribunal remanding the case for fresh enquiry under Section 9 of the Bombay Inferior Village Watans Abolition Act, 1958.
Law Points
- Remand order
- Section 9 Bombay Inferior Village Watans Abolition Act
- 1958
- Tenancy dispute
- Jurisdiction of Maharashtra Revenue Tribunal
- Fresh enquiry
Case Details
2005 LawText (BOM) (04) 238
Writ Petition No.2702 of 1991
Mrs. S.A. Mudbidri for Petitioners, Mr. Nitin V. Gangal with G.B. Karandikar for Respondent No.1
Govind Gangadhar Walve (since deceased by heirs) and others
Baban Sadu Salve (since deceased through legal heirs) and others
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Nature of Litigation
Writ petition under Article 227 of the Constitution challenging the order of the Maharashtra Revenue Tribunal remanding the case for fresh enquiry under Section 9 of the Bombay Inferior Village Watans Abolition Act, 1958.
Remedy Sought
The petitioners sought to quash the remand order of the Maharashtra Revenue Tribunal.
Filing Reason
The petitioners were aggrieved by the remand order of the Maharashtra Revenue Tribunal which set aside the earlier order and remanded the case for fresh enquiry.
Previous Decisions
The Sub-Divisional Officer had earlier decided the matter, but the Maharashtra Revenue Tribunal in Tenancy Appeal No.198 of 1988 remanded the case back for fresh enquiry under Section 9 of the Act.
Issues
Whether the Maharashtra Revenue Tribunal was justified in remanding the case for fresh enquiry under Section 9 of the Bombay Inferior Village Watans Abolition Act, 1958.
Submissions/Arguments
The petitioners argued that the remand order was erroneous and should be set aside.
The respondents supported the remand order.
Ratio Decidendi
The Maharashtra Revenue Tribunal was justified in remanding the case for fresh enquiry as the Sub-Divisional Officer had not properly considered the evidence. The High Court found no error in the remand order.
Judgment Excerpts
This petition filed under Article 227 of the Constitution of India takes exception to the order passed by the Maharashtra Revenue Tribunal in Tenancy Appeal No.198 of 1988 remanding the case back to the Sub-Divisional officer for fresh enquiry under Section 9 of the Bombay Inferior Village Watans Abolition Act, 1958.
Procedural History
The Sub-Divisional Officer initially decided the matter. The Maharashtra Revenue Tribunal, in Tenancy Appeal No.198 of 1988, remanded the case for fresh enquiry under Section 9 of the Act. The petitioners challenged this remand order by filing Writ Petition No.2702 of 1991 under Article 227 of the Constitution. The High Court dismissed the petition.
Acts & Sections
- Bombay Inferior Village Watans Abolition Act, 1958: Section 9
- Constitution of India: Article 227
