Case Note & Summary
The petitioners, eleven individuals from the Deshmukh family, filed a writ petition challenging an order dated 17th October 2002 passed by the Revenue Minister of Maharashtra (Respondent No.1). The petitioners claimed that their ancestors were the original owners of Survey Nos.138 and 154 at village Nandgaon, Taluka Maval, District Pune, which were allotted to them in 1885. In 1922, the names of their ancestors were deleted from the revenue records without any notice, and the lands were shown as government lands. Despite this, the petitioners and their ancestors continued to cultivate the lands and were recorded as 'Kabjedar' (in possession) in 1956. In 1995, the petitioners came to know that the revenue records still showed the lands as government lands. They approached the Revenue Minister, who passed the impugned order confirming the government status. The petitioners argued that the deletion of names in 1922 was without notice and thus illegal. The court heard the counsel for the petitioners and the Assistant Government Pleader for Respondent Nos.2 and 3; Respondent No.1 remained absent despite service. The court found that the deletion of names without notice was improper and that the petitioners had been in continuous possession. Consequently, the court allowed the petition, quashed the Revenue Minister's order, and directed the respondents to restore the names of the petitioners' ancestors in the revenue records and treat the lands as ancestral property. The court also directed that the petitioners be given all consequential benefits.
Headnote
A) Land Law - Ancestral Property - Government Land - Deletion of Names Without Notice - The petitioners claimed that their ancestors were owners of Survey Nos.138 and 154 at village Nandgaon, Taluka Maval, District Pune, allotted in 1885. In 1922, names were deleted and lands shown as government lands without notice to ancestors. Petitioners continued in possession and were shown as 'Kabjedar' in 1956. In 1995, they discovered the discrepancy and challenged the Revenue Minister's order of 17th October 2002. Held that the deletion without notice was improper and the order was set aside. (Paras 1-3)
Issue of Consideration
Whether the Revenue Minister's order dated 17th October 2002, which confirmed the suit lands as government lands without giving notice to the petitioners' ancestors, is sustainable in law.
Final Decision
The court allowed the writ petition, quashed the order dated 17th October 2002 passed by the Revenue Minister, and directed the respondents to restore the names of the petitioners' ancestors in the revenue records and treat the lands as ancestral property, with all consequential benefits.
Law Points
- ancestral property
- government land
- revenue records
- notice
- possession
- kabjedar
- writ petition
- revenue minister
- order
