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Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Revenue Records — Dispute Over Agricultural Land Inheritance and Partition. Court Held That Mutation Entries Do Not Confer Title and Remedy Lies Before Civil Court.

The petitioners, eleven individuals from the Jarande family, filed a writ petition before the Bombay High Court challenging a mutation entry (Entry No...

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Bombay High Court Allows Writ Petitions Challenging Tahsildar's Orders for Vehicle Seizure and Demand of Royalty for Sand Transportation Beyond Permit Time. Tahsildar Lacks Jurisdiction to Impose Penalty Under Maharashtra Land Revenue Code for Violation of Minor Mineral Concession Rules, 1963.

The petitioners, owners of vehicles transporting sand, challenged show cause notices and final orders passed by the Tahsildar demanding payment of roy...

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Bombay High Court Allows Petition Challenging Vesting of Land as Private Forest Under Maharashtra Private Forest (Acquisition) Act, 1975. Defective Notice Under Section 35(3) and Notification Under Section 35(1) Render Vesting Invalid.

The petitioner, Rajmachi Rural Aid and Development Programme, a trust registered under the Bombay Public Trust Act, 1950, filed a writ petition challe...

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Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...

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Bombay High Court Allows Daughter's Claim in Land Acquisition Reference Despite Mutation Entry in Favor of Brother's Family. Court Holds Mutation Entry Not Conclusive of Title and Daughter Entitled to Share as Co-owner Under Hindu Succession Act, 1956.

The petitioner, Sakhubai @ Shakuntala V. Chopde, filed a writ petition challenging the order of the Reference Court under Sections 30 and 31 of the La...

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Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...

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Bombay High Court Dismisses Petitions Challenging Land Acquisition for Road Widening Under Maharashtra Highways Act, 1955. Petitioners Failed to Show Statutory Violation or Arbitrariness in Acquisition Process.

The judgment concerns three writ petitions filed by landowners challenging the acquisition of their land for widening of the Aurangabad-Jalna road und...