Case Note & Summary
The petitioner, Rama s/o Gunda Malkapure, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging an order dated 06.06.2017 passed by the Minister (Revenue and Forest Department) under the Maharashtra Land Revenue Code, 1966. The Minister had allowed a revision preferred by respondent Nos. 4 to 6 (Hanumant, Bhimrao, and Dattatraya Garad) and set aside an order dated 09.03.2016 passed by the Deputy Director of Land Records, Aurangabad. The Deputy Director's order had directed restoration of revenue records as they existed prior to certain changes. The petitioner contended that the Minister had no jurisdiction to entertain the revision because the Deputy Director's order had attained finality, as the respondents had not challenged it earlier. The High Court, after hearing the parties, held that the Minister exceeded his jurisdiction under Section 257 of the Maharashtra Land Revenue Code, 1966. The Court noted that the order of the Deputy Director was not challenged by the respondents at the relevant time and had become final. Therefore, the revision was not maintainable. The Court allowed the writ petition, set aside the Minister's order dated 06.06.2017, and restored the Deputy Director's order dated 09.03.2016. Consequently, the revenue records were to be restored as directed by the Deputy Director. The Court also made the rule absolute and disposed of the petition.
Headnote
A) Land Revenue - Revisionary Powers - Section 257 Maharashtra Land Revenue Code, 1966 - Jurisdiction of Minister - The Minister exceeded his jurisdiction by entertaining a revision against an order dated 09.03.2016 passed by the Deputy Director of Land Records, which had attained finality as it was not challenged by the respondents. The Court held that the revision was not maintainable as the order had become final and the Minister could not reopen it. (Paras 3-5) B) Land Revenue - Restoration of Revenue Entries - Finality of Orders - The petitioner sought restoration of revenue entries as they existed prior to the Minister's order. The Court allowed the petition, setting aside the Minister's order and restoring the Deputy Director's order, thereby directing restoration of the earlier revenue record. (Paras 3-6)
Issue of Consideration
Whether the Minister under Section 257 of the Maharashtra Land Revenue Code, 1966 had jurisdiction to entertain a revision against an order passed by the Deputy Director of Land Records which had attained finality and was not challenged earlier.
Final Decision
The writ petition is allowed. The order dated 06.06.2017 passed by the Minister is quashed and set aside. The order dated 09.03.2016 passed by the Deputy Director of Land Records is restored. Rule is made absolute. No order as to costs.
Law Points
- Jurisdiction of Minister under Section 257 of Maharashtra Land Revenue Code
- 1966
- Finality of orders
- Scope of revisionary powers
- Restoration of revenue entries
