Case Note & Summary
The petitioners, Sau. Vanita W/o Diwakar Shukla and Diwakar S/o Vasantrao Shukla, purchased a plot of land by a registered sale deed dated 13.02.2013. On 16.01.2015, they applied under Section 149 of the Maharashtra Land Revenue Code, 1966, for mutation of their names in the revenue records. The Deputy Superintendent of Land Records, Achalpur, by communication dated 14.12.2015, directed the petitioners to produce a No Objection Certificate from the Sub Divisional Officer, Achalpur, before recording the mutation entry. The petitioners challenged this communication in the High Court. The court considered whether the Deputy Superintendent of Land Records had the jurisdiction to demand such a certificate. The petitioners argued that the authority had no power to seek a No Objection Certificate and relied on unreported judgments of the court. The court held that the Deputy Superintendent of Land Records had no authority to demand a No Objection Certificate from the Sub Divisional Officer before recording the mutation entry. The impugned communication was quashed and set aside, and the respondents were directed to process the mutation application in accordance with law. The rule was made absolute with no order as to costs.
Headnote
A) Land Revenue - Mutation Entry - Section 149 Maharashtra Land Revenue Code, 1966 - Jurisdiction - The Deputy Superintendent of Land Records has no authority to demand a No Objection Certificate from the Sub Divisional Officer before recording a mutation entry in revenue records. The court held that such a demand is without jurisdiction and set aside the impugned communication. (Paras 2-5)
Issue of Consideration
Whether the Deputy Superintendent of Land Records can demand a No Objection Certificate from the Sub Divisional Officer before recording a mutation entry under Section 149 of the Maharashtra Land Revenue Code, 1966.
Final Decision
The impugned communication dated 14.12.2015 is quashed and set aside. The respondents are directed to process the mutation application in accordance with law. Rule is made absolute with no order as to costs.
Law Points
- Section 149 of Maharashtra Land Revenue Code
- 1966
- Mutation Entry
- No Objection Certificate
- Jurisdiction of Revenue Authorities
Case Details
2016 LawText (BOM) (07) 119
Writ Petition No. 3060/2016
Smt. Vasanti A. Naik, Mrs. Swapna Joshi
Shri S.I. Jagirdar for petitioners, Shri V.P. Maldhure, Assistant Government Pleader for respondents
Sau. Vanita W/o Diwakar Shukla and Diwakar S/o Vasantrao Shukla
State of Maharashtra, The Collector, Amravati, The Deputy Superintendent of Land Records, Achalpur
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging communication demanding No Objection Certificate before mutation entry.
Remedy Sought
Quashing of communication dated 14.12.2015 and direction to process mutation application.
Filing Reason
Deputy Superintendent of Land Records demanded No Objection Certificate from Sub Divisional Officer before recording mutation entry.
Issues
Whether the Deputy Superintendent of Land Records can demand a No Objection Certificate from the Sub Divisional Officer before recording a mutation entry under Section 149 of the Maharashtra Land Revenue Code, 1966.
Submissions/Arguments
Petitioners argued that the Deputy Superintendent of Land Records has no authority to seek No Objection Certificate from Sub Divisional Officer before mutating names in revenue records.
Petitioners relied on unreported judgments of this Court where such demands were set aside.
Ratio Decidendi
The Deputy Superintendent of Land Records has no jurisdiction to demand a No Objection Certificate from the Sub Divisional Officer before recording a mutation entry under Section 149 of the Maharashtra Land Revenue Code, 1966.
Judgment Excerpts
By this petition, the petitioners challenge the communication of the respondent No.3, dated 14.12.2015 demanding 'No Objection Certificate' from the Sub Divisional Officer, Achalpur before recording the mutation entry.
It is stated on behalf of the petitioners that the Deputy Superintendent of Land Records has no authority to seek the No Objection Certificate from the Sub Divisional Officer, Achalpur before mutating the name of the petitioners in the revenue records.
Procedural History
The petitioners purchased land on 13.02.2013, applied for mutation on 16.01.2015 under Section 149 of the Maharashtra Land Revenue Code. The Deputy Superintendent of Land Records issued communication dated 14.12.2015 demanding No Objection Certificate. The petitioners filed Writ Petition No. 3060/2016 challenging the communication. The petition was heard finally at admission stage with consent.
Acts & Sections
- Maharashtra Land Revenue Code, 1966: Section 149
