Case Note & Summary
The petitioners, six agriculturists, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 7-8-2013 passed by the Minister for State for Revenue, Maharashtra. The Minister had allowed an appeal filed by Respondent Nos.4 and 5, setting aside an order dated 30-1-2013 of the Deputy Director Land Records, Pune Region, Pune. The dispute arose from a Revision Application No.523 of 2009 filed by Respondent Nos.4 and 5 seeking remeasurement of Survey No.254/2 situated at Mouje Hingangaon (Shindewadi), Tal Kavthemahankal, Dist Sangli. The Deputy Director had rejected the application, but the Minister allowed the appeal. The petitioners contended that the Minister's order was perverse and erroneous. The High Court, after hearing counsel for both sides, held that the Minister's order did not suffer from any perversity or error of law. The court noted that the Minister had considered the material on record and passed a reasoned order. The writ petition was dismissed, and the rule was discharged. No order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction under Article 227 - Scope of Interference - The High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India can interfere only if the impugned order suffers from perversity or error of law. The court held that the Minister's order allowing the appeal for remeasurement of land did not suffer from any such infirmity and hence no interference was warranted. (Paras 2, 6)
B) Land Revenue - Remeasurement of Land - Revision Application - The Respondent Nos.4 and 5 filed Revision Application No.523 of 2009 for remeasurement of Survey No.254/2 situated at Mouje Hingangaon (Shindewadi), Tal Kavthemahankal, Dist Sangli. The Deputy Director Land Records had rejected the application, but the Minister allowed the appeal and set aside that order. The High Court upheld the Minister's order. (Paras 4, 5, 6)
Issue of Consideration
Whether the order dated 7-8-2013 passed by the Hon'ble Minister for State for Revenue suffers from any perversity or error of law warranting interference under Article 227 of the Constitution of India.
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Article 227 of the Constitution of India
- Writ Jurisdiction
- Scope of Judicial Review
- Perversity
- Error of Law
Case Details
2014 LawText (BOM) (02) 88
WRIT PETITION NO.7586 OF 2013
Mr. Manoj Patil for the Petitioner, Mr. Pramod Kathane for the Respondent Nos.4 and 5, Ms P. S. Cardozo AGP for the Respondent Nos.1 to 3
Bapu Gunda Mirje, Narayan Gunda Mirje, Maruti Vithoba Mirje, Vasant Vithoba Mirje, Pandit Vithoba Mirje, Yashwant Vithoba Mirje
State of Maharashtra, Deputy Registrar Land Records Pune Region at Pune, District Superintendent Land Records at Sangli, Appasaheb Dhondiram Mirje, Raghunath Dhondiram Mirje
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Nature of Litigation
Writ Petition under Article 227 of the Constitution of India challenging an order of the Minister for State for Revenue allowing an appeal for remeasurement of land.
Remedy Sought
The petitioners sought to quash the order dated 7-8-2013 passed by the Minister for State for Revenue and restore the order dated 30-1-2013 of the Deputy Director Land Records.
Filing Reason
The petitioners were aggrieved by the Minister's order allowing the appeal of Respondent Nos.4 and 5 for remeasurement of Survey No.254/2.
Previous Decisions
The Deputy Director Land Records, Pune Region, Pune had rejected the Revision Application No.523 of 2009 filed by Respondent Nos.4 and 5 vide order dated 30-1-2013. The Minister for State for Revenue allowed the appeal against that order on 7-8-2013.
Issues
Whether the order dated 7-8-2013 passed by the Hon'ble Minister for State for Revenue suffers from any perversity or error of law warranting interference under Article 227 of the Constitution of India.
Submissions/Arguments
The petitioners argued that the Minister's order was perverse and erroneous.
The respondents supported the Minister's order as being reasoned and based on material on record.
Ratio Decidendi
The High Court, in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India, can interfere only if the impugned order suffers from perversity or error of law. In the present case, the Minister's order allowing the appeal for remeasurement of land did not suffer from any such infirmity, and hence no interference was warranted.
Judgment Excerpts
The Writ Jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 782013 passed by the Hon'ble Minister for State for Revenue...
Having heard the learned Counsel for the parties, I do not find any perversity or error of law in the impugned order so as to warrant interference under Article 227 of the Constitution of India.
Procedural History
The Respondent Nos.4 and 5 filed Revision Application No.523 of 2009 for remeasurement of Survey No.254/2. The Deputy Director Land Records, Pune Region, Pune rejected the application on 30-1-2013. The Respondent Nos.4 and 5 appealed to the Minister for State for Revenue, who allowed the appeal on 7-8-2013, setting aside the Deputy Director's order. The petitioners then filed the present writ petition under Article 227 of the Constitution of India.
Acts & Sections
- Constitution of India: Article 227
