Case Note & Summary
The case involves a challenge by the petitioners, Vishwanath Sahadu Wakhare and others, against an order dated 11 December 2020 passed by the Hon'ble Minister (Revenue) in Revision RTS No.3413/4578. The Minister allowed the revision preferred by Respondent Nos. 2/3, setting aside the order dated 5 June 2013 of the Additional Commissioner, Pune, and confirming the order dated 24 June 2011 of the Additional Collector. The Minister directed the Collector, Pune to conduct an enquiry under Section 59(b) of the Maharashtra Land Revenue Code, 1966 (MLRC) regarding the sale of the land in question without permission of the Competent Authority, in view of Circular dated 13 November 1979. The land, originally owned by Maruti Hari Sonawane, was Mahar Vatan Class VI-B. It was re-granted to him under the Maharashtra Inferior Village Watans Abolition Act, 1959 on 'new tenure' on 1 February 1963 after paying three times the assessment. Subsequently, on 8 November 1967, he paid ten times the assessment, and the Tehsildar, Khed passed an order on 16 March 1968 re-granting the land on 'old tenure', making it transferable without conditions. Maruti Sonawane sold the land to the petitioners' father, Shahadu Wakhare, via a registered sale deed dated 22 August 1968. Prior to the sale, permission under the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 was obtained on 13 August 1968. The petitioners argued that the land had become freely transferable after re-grant on old tenure and that the Minister's order was erroneous. The respondents contended that the sale required permission under the Circular dated 13 November 1979. The High Court, after considering the submissions, held that the Minister's order directing an enquiry was justified and did not warrant interference under Article 226 of the Constitution. The Court noted that the Minister had not finally decided the issue but had only directed an enquiry to ascertain the facts. The writ petition was dismissed, and the interim application was disposed of.
Headnote
A) Land Revenue - Watan Land - Re-grant and Transferability - Section 59(b) Maharashtra Land Revenue Code, 1966 - The land originally Mahar Vatan Class VI-B was re-granted on 'new tenure' and later converted to 'old tenure' making it transferable without conditions. The sale deed of 1968 was executed after obtaining permission under the Fragmentation Act. The Minister directed enquiry under Section 59(b) MLRC to examine if sale required permission under Circular dated 13 November 1979. The High Court held that the Minister's order was justified and did not warrant interference under Article 226 of the Constitution. (Paras 1-15) B) Constitutional Law - Writ Jurisdiction - Interference with Quasi-Judicial Orders - Article 226 of the Constitution of India - The High Court declined to interfere with the Minister's order directing an enquiry, as the order was not perverse or without jurisdiction. The Court held that the Minister's direction for enquiry was appropriate to determine the facts regarding the need for permission for sale. (Paras 14-15)
Issue of Consideration
Whether the Hon'ble Minister (Revenue) was justified in setting aside the order of the Additional Commissioner and directing an enquiry under Section 59(b) of the Maharashtra Land Revenue Code, 1966 regarding the sale of land without permission of the Competent Authority.
Final Decision
The High Court dismissed the Writ Petition and disposed of the Interim Application, holding that the Minister's order directing an enquiry under Section 59(b) of the Maharashtra Land Revenue Code, 1966 was justified and did not warrant interference under Article 226 of the Constitution.
Law Points
- Maharashtra Land Revenue Code
- 1966
- Section 59(b)
- Maharashtra Inferior Village Watans Abolition Act
- 1959
- Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act
- 1947
- Watan land
- re-grant
- old tenure
- transferability
- permission for sale
- enquiry by Collector
