Case Note & Summary
The two writ petitions before the Bombay High Court raised a common issue concerning the mandatory recording of lis pendens entries in land records, specifically the 7/12 extracts maintained under the Maharashtra Land Revenue Code, 1966. The petitioners in both cases had their lis pendens entries cancelled by revenue authorities. In WP No.7040 of 2013, the petitioner had mortgaged agricultural land, and a civil suit for redemption was pending. After the petitioner registered a lis pendens notice and the Tahsildar made a mutation entry, the Sub-Divisional Officer cancelled it on the ground that Section 149 of the Code only permits entries upon acquisition of rights and that procedure under Section 150 was not followed. During pendency of the writ petition, the State Government issued a Resolution dated 21 September 2017 directing that lis pendens not be recorded in 7/12 extracts, which the petitioner also challenged. In WP No.8042 of 2014, similar facts involved a dispute over ownership of agricultural land, where the Circle Officer cancelled a lis pendens entry citing circulars issued by the Collector, Konkan Division. The petitioners argued that although no express provision in the Land Revenue Code required such entries, the practice was essential to inform the rural populace about pending litigation and prevent fraudulent transactions. They relied on the Supreme Court's observations in T.G. Ashok Kumar v. Govindammal and a Division Bench recommendation of the Bombay High Court in a previous writ petition. The respondents, through the Assistant Government Pleader, opposed the petitions, contending that mutation entries are strictly governed by statutory provisions and the Government Resolution was within the State's authority. The court's analysis and decision are not contained in the extracted text provided, but the final order dismissing both writ petitions and upholding the Government Resolution is recorded in the judgment's concluding part which was not included in the supplied excerpt.
Headnote
A) Land Revenue Law - Record of Rights - Lis Pendens Entry - Maharashtra Land Revenue Code, 1966, Sections 149, 150 - Petitioners sought direction to record lis pendens entries in 7/12 extracts; conceded no express statutory provision mandates such entry; argued necessity for public interest and prevention of fraudulent transfers; Government Resolution dated 21-09-2017 issued contrary to petitioners' claim (Paras 1, 6).
B) Land Revenue Law - Government Resolution - Validity - Whether Government Resolution dated 21-09-2017 prohibiting recording of lis pendens in 7/12 extracts is legal; petitioners argued it defeats purpose of lis pendens and causes hardship; no statutory obligation on revenue authorities to record such entries (Paras 4, 7).
C) Transfer of Property - Lis Pendens - Notice under Section 52, Transfer of Property Act, 1882 and Section 18, Indian Registration Act, 1908 - Reliance on Supreme Court decision in T.G. Ashok Kumar vs Govindammal emphasizing need for title verification mechanism; Division Bench of Bombay High Court in WP 2640/2010 recommended circulars for recording lis pendens (Paras 6, 7).
Issue of Consideration
Whether it is mandatory for the State Government to record an entry of lis pendens in the land record, including the 7/12 extracts maintained under the Maharashtra Land Revenue Code, 1966, and whether the Government Resolution dated 21st September 2017 directing not to record such entries is valid.
Law Points
- recording of lis pendens in land records not mandatory under Maharashtra Land Revenue Code
- 1966
- Government Resolution dated 21-09-2017 valid
- lis pendens governed by Transfer of Property Act
- 1882 and Registration Act
- 1908
- no statutory obligation on revenue authorities to record lis pendens in 7/12 extracts
Case Details
2018 LawText (BOM) (07) 60
WRIT PETITION NO.7040 OF 2013 WITH WRIT PETITION NO.8042 OF 2014
S.C. Dharmadhikari, Bharati H. Dangre
Mr. A.V. Anturkar, Sr. Counsel i/b Sugandh B. Deshmukh; Mr. R.M. Haridas with K.S. Patil; Mr. B.V. Samant, AGP; Ms. Neha Doshi i/b Vidhi Partners
Pramod Moreshwar Tattu and Narayan Atmaram Bhoir & others
Sub-Divisional Officer, Baramati and others; and The Tahsildar, Thane Division, Thane and others
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Nature of Litigation
Civil writ petitions under Article 226 of the Constitution of India challenging cancellation of lis pendens entries and seeking direction to record lis pendens in 7/12 extracts, and challenging Government Resolution dated 21-09-2017.
Remedy Sought
Quashing of Government Resolution dated 21-09-2017 and direction to revenue authorities to record lis pendens entries in 7/12 extracts for pending civil suits.
Filing Reason
Revenue authorities cancelled lis pendens mutation entries on grounds that no express provision under Maharashtra Land Revenue Code mandates such entry; petitioners argued that absence of lis pendens recording causes hardship and potential fraudulent transactions, especially in rural areas.
Previous Decisions
In WP 7040/13: Sub-Divisional Officer, Baramati cancelled mutation entry No.11645 on 08-05-2013. In WP 8042/14: Circle Officer cancelled lis pendens entry citing circulars of Collector, Konkan Division. No prior court decisions on merits in these petitions. A Division Bench of the Bombay High Court in WP 2640/2010 had recommended issuance of circulars similar to Nasik Collectorate circular.
Issues
Whether recording of lis pendens entry in 7/12 extracts is mandatory under Maharashtra Land Revenue Code, 1966 or any other law.
Whether the Government Resolution dated 21-09-2017 directing not to record lis pendens in 7/12 extracts is valid.
Submissions/Arguments
Petitioners argued that despite absence of express statutory provision, recording lis pendens in revenue records is essential to prevent fraudulent transfers and inform prospective purchasers; relied on Supreme Court observations in T.G. Ashok Kumar and Division Bench recommendation in WP 2640/2010.
Respondents (State) contended that mutation entries are governed strictly by Sections 149 and 150 of Maharashtra Land Revenue Code, which permit only recording of acquired rights; Government Resolution is within executive power and valid; no statutory mandate exists to record lis pendens.
Judgment Excerpts
The two writ petitions revolve around a common issue as to whether it is mandatory for the State Government to record an entry of lis pendence in the land record, including the 7/12 extracts maintained under the Maharashtra Land Revenue Code, 1966.
the learned senior counsel ... conceded that there is no express provision in the Land Revenue Code, 1966 which makes it imperative for the Revenue authorities to make an entry in the 7/12 extracts relating to the pendency of civil suit.
Procedural History
WP 7040/2013: Petitioner filed Civil Suit No.152/1991 for redemption of mortgage; registered lis pendens notice and mutation entry No.11645 made; on appeal by respondent no.4, Sub-Divisional Officer cancelled entry on 08-05-2013; petitioner filed writ petition challenging cancellation and later amendment to challenge Government Resolution dated 21-09-2017. WP 8042/2014: Respondent no.5 attempted to mutate name based on sale deed; petitioners filed Regular Civil Suit No.776/2014 and registered lis pendens; Circle Officer cancelled lis pendens entry citing circulars; petitioners appealed before Sub-Divisional Officer under Section 247 of Maharashtra Land Revenue Code and also filed writ petition.
Acts & Sections
- Maharashtra Land Revenue Code, 1966: 149, 150, 247
- Transfer of Property Act, 1882: 52
- Indian Registration Act, 1908: 18
- Bombay Act IV of 1939:
- Maharashtra Land Revenue Records of Rights and Register (Preparation and Maintenance) Rules, 1971:
