High Court Dismisses Writ Petition Challenging Land Consolidation Scheme Orders -- Petitioner's 38-Year Delayed Application for Rectification Rejected -- State Minister's Order Upheld

Sub Category: Bombay High Court Bench: AURANGABAD
  • 12
Judgement Image
Font size:
Print

Case Note & Summary

The petitioner challenged orders dated 09 July 2015 and 15 July 2014 related to a land consolidation scheme implemented in 1974 -- The petitioner claimed his father's land area was reduced by 39 R during consolidation and sought rectification after 38 years -- The State Minister (Revenue) dismissed the appeal citing lack of jurisdiction and delay -- The High Court dismissed the writ petition, holding the application was barred by limitation and laches -- The Court found no evidence of fraud in obtaining signatures on possession receipts -- The consolidation scheme had attained finality after implementation and the petitioner's delayed approach was unsustainable

Headnote

The High Court of Judicature at Bombay dismissed a writ petition challenging orders related to implementation of a land consolidation scheme -- The petitioner sought rectification of land area under Gut No. 1206 after 38 years delay -- The Court held that the petitioner's application was barred by limitation and laches -- The State Minister (Revenue) correctly dismissed the appeal as the authority lacked jurisdiction to entertain objections after such prolonged delay -- The Court found no merit in the petitioner's claim of fraud in obtaining signatures on possession receipts -- The consolidation scheme was implemented in 1974 and the petitioner approached authorities only in 2012 -- The Court emphasized that land consolidation schemes attain finality after implementation and cannot be reopened after decades without compelling reasons

Issue of Consideration: Whether the writ petition challenging orders related to land consolidation scheme implementation after 38 years delay is maintainable

Final Decision

The High Court dismissed the writ petition and upheld the orders of the State Minister (Revenue) and other authorities -- The Court held the petition was barred by limitation and laches -- No relief was granted to the petitioner

2026 LawText (BOM) (02) 42

Writ Petition No. 12332 of 2015

2026-02-04

Abhay J. Mantri J.

2026:BHC-AUG:5070

Mr. V.D. Hon, Senior Advocate i/b Mr. A.V. Hon, Advocate for petitioner, Mr. B.V. Virdhe, A.G.P. for respondent nos.1 to 4, Mr. A.B. Kale, Advocate for respondent nos. 5 and 6

Prakash s/o Narsing Pachpute

State of Maharashtra, The Deputy Director of Land Records Nashik Division, The District Superintendent of Land Records Ahmednagar, The Deputy Superintendent Land Records Shrigonda, Dattatraya Bhika Pachpute, Sau. Leelabai Vasant Pachpute

Nature of Litigation: Writ petition challenging orders related to land consolidation scheme implementation

Remedy Sought

Petitioner sought quashing of orders dated 09 July 2015 and 15 July 2014 and rectification of land area under Gut No. 1206

Filing Reason

Petitioner claimed his father's land area was reduced by 39 R during 1974 consolidation scheme implementation

Previous Decisions

State Minister (Revenue) dismissed appeal on 09 July 2015, Respondent No. 3 disposed of application without action on 15 July 2014

Issues

Whether the writ petition challenging land consolidation scheme orders after 38 years delay is maintainable Whether the State Minister (Revenue) had jurisdiction to entertain appeal regarding consolidation scheme implementation

Submissions/Arguments

Petitioner argued authorities committed error in implementing consolidation scheme reducing land area by 39 R Petitioner relied on Deputy Superintendent of Land Records report supporting rectification Respondents argued application filed after 40 years was barred by limitation Respondents contended petitioner's father had consented to consolidation scheme without objections

Ratio Decidendi

Land consolidation schemes attain finality after implementation and cannot be challenged after prolonged delay without compelling reasons -- Applications for rectification of consolidation schemes must be filed within reasonable time -- Revenue authorities lack jurisdiction to entertain objections decades after scheme implementation -- Principles of laches apply to writ petitions challenging long-implemented administrative actions

Judgment Excerpts

The petitioner, being the legal heir of the original landowner, after a lapse of thirty-eight years, had filed the application/representation on 17 th September, 2012 The State Minister has committed a mistake by putting the said statement into the Petitioner's mouth and has therefore erred in passing the order The petitioner filed an application for the first time on 27 th September, 2012, i.e. after forty years

Procedural History

Consolidation scheme implemented on 20 March 1974 -- Petitioner filed application on 17 September 2012 -- Respondent No. 3 disposed of application without action on 15 July 2014 -- State Minister (Revenue) dismissed appeal on 09 July 2015 -- Writ petition filed in 2015 -- Reserved on 09 December 2025 -- Pronounced on 04 February 2026

Related Judgement
High Court High Court Dismisses Writ Petition Challenging Land Consolidation Scheme Orders ...
Related Judgement
High Court Engineer’s Future Secured: Bombay High Court Quashes NDPS Case Due to Lack of ...