Case Note & Summary
The writ petitions originated from a dispute over Mahar Watan land regranted under the Bombay Inferior Village Watans Abolition Act, 1958. The suit land was originally regranted on 23 July 1968 to three occupants. In 2006, original owners executed powers of attorney in favour of respondent No.5, which were later cancelled in 2011. An agreement for sale was executed between the original owners and the petitioners on 27 June 2012. Meanwhile, respondent No.5, acting under the powers of attorney, executed a sale deed on 30 November 2012 in favour of respondents, leading to Mutation Entry No.755. The Tahsildar cancelled Entry No.755 as the sale deed lacked prior Collector's permission. The petitioners obtained Collector's permission on 28 May 2013 for transfer of part of the land (3 H 89 R) and a sale deed was executed in their favour on 31 May 2013, resulting in Mutation Entry No.757. Initially, the Tahsildar cancelled both entries on 28 October 2013. However, on 20 August 2016, the Sub Divisional Officer dismissed the respondents' appeal against cancellation of Entry No.755 and allowed the petitioners' appeal, directing certification of Entry No.757. The respondents' successive appeals were dismissed by the Collector (29 April 2017) and the Divisional Commissioner (9 March 2018). The Commissioner also dismissed an appeal challenging the Collector's permission on 1 March 2018. On 3 August 2018, heirs of some original owners executed a confirmation deed. Contrary to these orders, the Minister, on 4 September 2019, allowed three revision applications, cancelling the Collector's permission and setting aside Mutation Entry No.757. Corrigenda were issued on 11 September 2019. Aggrieved, the petitioners filed the present writ petitions. The petitioners argued that prior to the 2002 amendment to Section 5(3) of the 1958 Act, the Collector's permission was a ministerial act once 10 times the land revenue assessment was paid, relying on Vitthal Kondhalkar v. State of Maharashtra (1979 STPL 2388 Bombay) and contending that Shaikh Lal v. Malhari was wrongly decided. They also referred to Mohan Sonaji Shilwant v. State of Maharashtra (Writ Petition No. 3186 of 2020). The judgment excerpt did not include the court's analysis or final decision, as it was truncated during the recording of submissions.
Issue of Consideration
Whether the Minister was justified in setting aside the permission granted by the Collector and the mutation entry in favour of the petitioners under the Bombay Inferior Village Watans Abolition Act, 1958, and whether the Collector's permission under Section 5(3) is a ministerial act upon payment of the required amount
Law Points
- interpretation of Section 5(3) of Bombay Inferior Village Watans Abolition Act
- 1958
- ministerial nature of Collector's permission
- effect of payment of 10 times land revenue assessment
- revisionary powers of Minister against quasi-judicial orders
Case Details
2026 LawText (BOM) (08) 19
Writ Petition No. 10990 of 2019
Mr. Girish Godbole, Mr. Drupad Patil, Mr. Satyen Vora, Mr. Ankur Kalal, Ms. Namrata Vashisht, Ms. Khushboo Chughani, Mr. Abhay Anturkar, Mr. Harshvardhan Suryavanshi, Mr. Nakul Patwardhan, Mr. Atharva Date, Mr. S.V. Sadavarte, Ms. Kavita N. Solunke, Mr. S.L. Babar
Suryakant Ravji Shah & Another
Gautam Ramchandra Desai, since deceased through legal heirs & Others
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Nature of Litigation
Writ petitions challenging orders of the Minister cancelling land transfer permission and mutation entry.
Remedy Sought
Petitioners sought quashing of Minister's orders dated 4 September 2019 and restoration of Collector's permission and mutation entry.
Filing Reason
The Minister set aside the permission granted by the Collector for transfer of suit land and cancelled the mutation entry in favour of the petitioners.
Previous Decisions
Sub Divisional Officer allowed petitioners' appeal and directed certification of mutation entry; Collector and Divisional Commissioner dismissed respondents' appeals; Minister reversed those orders on 4 September 2019.
Issues
Whether the Collector's permission under Section 5(3) of the Bombay Inferior Village Watans Abolition Act, 1958 is a ministerial act once the additional amount equal to 10 times land revenue assessment is paid.
Whether the Minister had jurisdiction to set aside the permission and mutation entry after earlier quasi-judicial orders had become final.
Submissions/Arguments
Petitioners argued that prior to the 2002 amendment, Section 5(3) only required payment of the determined amount, and upon such payment, the Collector's permission was a ministerial act, as held in Vitthal Kondhalkar v. State of Maharashtra (1979 STPL 2388 Bombay).
They contended that Shaikh Lal v. Malhari was incorrectly decided and that the decision in Bhagwantrao v. State of Maharashtra merely followed Shaikh Lal.
They relied on Mohan Sonaji Shilwant v. State of Maharashtra to argue that only a ministerial act remained after payment.
Judgment Excerpts
The occupancy of the land regranted under sub-section (1) shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such amount as the State Government may by general or special order determine.
Once that amount is paid, the Collector has to remove the restrictions on transfer as a matter of right.
Procedural History
23 July 1968: Order of regrant of suit land. 31 October 2006: Two powers of attorney executed. 8 November 2006: Another power of attorney executed. 15 April 2011: Public notice cancelling powers of attorney. 9 May 2011: Declaration deed cancelling power of attorney. 27 June 2012: Agreement for Sale with petitioners. 30 November 2012: Sale deed executed by respondent No.5 in favour of respondents, Mutation Entry No.755 recorded. 28 May 2013: Collector granted permission for transfer of part land to petitioners. 31 May 2013: Sale deed executed in favour of petitioners, Mutation Entry No.757 recorded. 28 October 2013: Tahsildar cancelled Mutation Entry No.755 as illegal sale deed and cancelled Mutation Entry No.757 for violation of regrant conditions. 20 August 2016: Sub Divisional Officer dismissed respondents' RTS Appeal No.838/2014, confirmed cancellation of Entry No.755; allowed petitioners' RTS Appeal No.920/2014, directed certification of Entry No.757. 29 April 2017: Collector dismissed respondents' RTS Second Appeal Nos.868/2016 and 853/2016. 9 March 2018: Divisional Commissioner dismissed Revision Application Nos.159/2017 and 160/2017. 1 March 2018: Commissioner dismissed Appeal No.204/2017 challenging Collector's permission. 3 August 2018: Heirs executed Confirmation Deed. 4 September 2019: Minister passed three orders cancelling permission and setting aside Mutation Entry No.757. 11 September 2019: Corrigenda issued. Thereafter, present writ petitions filed.
Acts & Sections
- Bombay Inferior Village Watans Abolition Act, 1958: 5(3)
- Maharashtra Land Revenue Code, 1966: 59
