Case Note & Summary
The petitioner, Dilip Ghorpade, filed a writ petition challenging the order of the Minister dated 03.07.2004, which held that respondent Nos. 1 & 2 were not required to pay 75% unearned income on transfer of agricultural land. The petitioner claimed that the State suffered huge loss due to non-payment. The respondents were tenants who became owners under the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. The court noted that the petitioner was absent on both days of hearing. The Additional Government Pleader pointed out the Minister's order and Government Resolution dated 08.09.1983. The counsel for respondent Nos. 1 & 2 argued that the transfer is regulated by Section 57 of the 1958 Act and cannot be subjected to the Government Resolution. The court agreed, finding that the Minister's order correctly applied the statutory provisions. The court dismissed the writ petition for non-prosecution and lack of merit, upholding the Minister's order.
Headnote
A) Tenancy Law - Transfer of Agricultural Land - Section 57 of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Exemption from Unearned Income - The court considered whether the transfer of agricultural land by tenants who became owners under the Act is subject to Government Resolution dated 08.09.1983 requiring payment of 75% unearned income. The court held that such transfers are regulated by Section 57 of the 1958 Act and cannot be subjected to the Government Resolution. The Minister's order dated 03.07.2004, which held that payment of unearned income is not necessary, was upheld. (Paras 3-5)
Issue of Consideration
Whether the transfer of agricultural land by respondent Nos. 1 & 2, who became owners under the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, can be subjected to payment of 75% unearned income as per Government Resolution dated 08.09.1983.
Final Decision
The writ petition is dismissed. The court upheld the Minister's order dated 03.07.2004, holding that the transfer of agricultural land by respondent Nos. 1 & 2 is governed by Section 57 of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 and cannot be subjected to Government Resolution dated 08.09.1983.
Law Points
- Transfer of agricultural land by tenants who became owners under the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act
- 1958 is governed by Section 57 of that Act
- not by Government Resolution dated 08.09.1983
- Government Resolution cannot override statutory provisions
- Writ petition dismissed for non-prosecution and lack of merit
Case Details
2018 LawText (BOM) (03) 108
WRIT PETITION NO. 2551 OF 2004
B.P. Dharmadhikari, Arun D. Upadhye
Shri Deshpande (holding for Shri Anand Parchure) for respondent Nos. 1 & 2, Ms. N.P. Mehta, AGP for respondent Nos. 3 & 4
Dilip s/o Vitthalrao Ghorpade
Smt. Dyaneshwari w/o Sadashiv Shenge, Smt. Baby w/o Shantaram Dhulgaon, The Additional Collector, Yavatmal, The State of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the order of the Minister dated 03.07.2004 exempting respondent Nos. 1 & 2 from paying 75% unearned income on transfer of agricultural land.
Remedy Sought
The petitioner sought to set aside the Minister's order and require respondent Nos. 1 & 2 to pay unearned income to the State.
Filing Reason
The petitioner claimed that the State suffered huge loss due to non-payment of unearned income by respondent Nos. 1 & 2.
Previous Decisions
The Minister passed an order on 03.07.2004 holding that it is not necessary for the appellant therein (Smt. Rajani Shankar Misal) to pay 75% unearned income.
Issues
Whether the transfer of agricultural land by respondent Nos. 1 & 2, who became owners under the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, can be subjected to payment of 75% unearned income as per Government Resolution dated 08.09.1983.
Submissions/Arguments
The learned AGP pointed out the Minister's order dated 03.07.2004 and Government Resolution dated 08.09.1983, submitting that the Minister had looked into the resolution and reached a particular finding.
Shri Deshpande, counsel for respondent Nos. 1 & 2, submitted that the Minister's finding clinches the controversy in their favor, as they became owners under the 1958 Act and their transfer is regulated by Section 57 of that Act, not by the Government Resolution.
Ratio Decidendi
The transfer of agricultural land by tenants who became owners under the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 is regulated by Section 57 of that Act and cannot be subjected to Government Resolution dated 08.09.1983 requiring payment of unearned income.
Judgment Excerpts
The learned AGP has fairly pointed out to this Court the order passed by the Minister on 03.07.2004, which holds that it is not necessary for the appellant therein viz., Smt. Rajani Shankar Misal, to pay 75% unearned income.
Respondent Nos. 1 & 2 have become owner of agricultural land because of statutory provisions contained in the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. ... The request, seeking permission to transfer such land by respondent Nos. 1 & 2, is regulated by Section 57 of above mentioned 1958 Act and, therefore, cannot be subjected to Government Resolution dated 08.09.1983.
Procedural History
The petitioner filed Writ Petition No. 2551 of 2004 before the Bombay High Court, Nagpur Bench, challenging the Minister's order dated 03.07.2004. The petition was heard on March 27 and 28, 2018, with the petitioner absent on both days. The court dismissed the petition on March 28, 2018.
Acts & Sections
- Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958: Section 57
