Civil Appeal No. 6017 of 2009 (Arising out of SLP (C) No. 23788/2004) and Civil Appeal No. 6018 of 2009 (Arising out of SLP (C) No. 22662/09 CC 2563). Case: Shri Santoshkumar Shivgonda Patil and Ors. Vs Shri Balasaheb Tukaram Shevale and Ors.. Supreme Court (India)
| Case Number | Civil Appeal No. 6017 of 2009 (Arising out of SLP (C) No. 23788/2004) and Civil Appeal No. 6018 of 2009 (Arising out of SLP (C) No. 22662/09 CC 2563) |
| Counsel | For the Appellant: Rajeev B. Masodkar and Anil K. Jha, Advs and For the Respondents: Shivaji M. Jadhav, Adv. |
| Judges | Tarun Chatterjee and R.M. Lodha, JJ. |
| Issue | Maharashtra Land Revenue Code, 1966 - Sections 65 and 257, 257(1) and 257(2); Bombay Land Revenue Act, 1879 - Sections 65 and 211; Bombay Tenency and Agricultural Lands Act, 1976 - Section 84C; Punjab General Sales Tax Act, 1948 - Sections 11(6) and 21 |
| Citation | JT 2009 (13) SC 69 , 2010 (2) MahLJ 150 (SC) , 2009 (12) SCALE 278 , (2009) 9 SCC 352 , 2009 (9) UJ 4126 (SC) |
| Judgement Date | September 02, 2009 |
| Court | Supreme Court (India) |
Judgment:
R.M. Lodha, J.
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Delay condoned in SLP (C) No. 22662/09 CC 2563.
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Leave granted in both matters.
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The short question that arises for consideration in this appeal by special leave is whether power of revision in Section 257 of Maharashtra Land Revenue Code, 1966 can be exercised at any time although no time has been prescribed for exercise of such power.
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Takawade Gat No. 1157 (Old Survey No. 201/1) admeasuring 6H65R originally belonged to one N.R. Deshpande. The land was an inam land which was resumed on August 1, 1955. On the date of resumption, there were four tenants holding 1/4th share each. Tukaram Sakharam Shevale, predecessor in title of Respondent Nos. 1 to 5, one of such tenants, thus, held land admeasuring 1H 66R. The original landlord, N.R. Deshpande, was required to pay occupancy price before July 31, 1965 which he did only to the extent of 3/4th in respect of lands possessed by three tenants other than Tukaram Sakharam Shevale. The 3/4th portion was, thus, regranted and later on sold to the tenants occupying such portion. As regards 1/4th portion occupied by Tukaram Sakharam Shevale, it appears that no occupancy price was paid and this portion was resumed to the State. Tukaram is, however, said to have continued to remain in possession of 1/4th portion of the land till 1974-75.
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The Tahsildar, Shirol, on March 30, 1976, passed an order hereby 3/4th of portion of Land earlier in occupation of Tukaram was granted in favour of Shivgonda Satgonda Patil on the basis of his occupation as cultivator and 1/4th remained in favour of Tukaram Sakharam Shevale.
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Tukaram Sakharam Shevale, until his death in 1990, did not challenge the Tahsildar's Order dated March 30, 1976 in any proceeding. It was only after the death of Tukaram that his legal heirs, namely, Respondent Nos. 1 to 5 herein, made an application before the Sub-Divisional Officer, Ichalkaranji in 1993 seeking revision of the order of Tahsildar, Shirol passed on March 30, 1976. The Sub-Divisional Officer, Ichalkaranji invoked his revisional power under Section 257 of the Maharashtra Land Revenue Code and after hearing the parties and getting the report from the Tahsildar, Shirol vide his order dated August 16, 1994 allowed the revision application and set aside the order dated March 30, 1976 giving 3/16th share in R.S. No. 210/1 to Shivgonda Satgonda Patil. The Sub-Divisional Officer, Ichalkaranji declared that 1/4th share in R.S. No. 210/1 admeasuring 1H 66R shall be deemed to have been granted to Tukaram Shevale and pik-pahani entries made in favour of Shivgonda Satgonda Patil shall be treated as unauthorized and illegal.
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Upset by the order dated August 16, 1994, the present appellants preferred appeal before the Additional Collector, Kolhapur who agreed with the...
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Writ Petition No. 4173 of 2005. Case: Balbir Singh Vs The Director General of Police and Ors.. High Court of Andhra Pradesh (India)
...V. Bhatinda Dist. Coop. Milk Producers Union Ltd. (2007) 11 SCC 363, and Santoshkumar Shivgonda Patil V. Balasaheb Tukaram Shevale (2009) 9 SCC 352). Though these cases pertained to exercise of revisional power, the ratio laid down therein is equally applicable to exercise of review power. ......
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Second Appeal No. 154 of 2001. Case: Ranveer Singh (deceased by L.Rs.) and Anr Vs State. High Court of Madhya Pradesh (India)
...Santhakumar, (2007) 1 SCC 584: (2006 AIR SCW 6427) and Santoshkumar Shivgonda Patil and others v. Balasaheb Tukaram Shevale and others, (2009) 9 SCC 352: (AIR 2009 SC (Supp) Shri H.D. Gupta, learned senior counsel, by inviting our attention to Section 57 of the Code particularly sub-section......
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S.B. Civil Writ Petition No. 6795/12. Case: Santosh Vs Takhat Singh and Ors.. Rajasthan High Court
... ... State of Rajasthan" (D.B. Civil Special Appeal No. 120/12 and other connected special appeals), ... relying upon the decision of the Hon'ble Supreme Court in "Santosh Kumar Shivgonda Patil vs. aheb Tukaram Shevale & Ors." [(2009) 9 SCC 352 ] and "State of ... under Article 226 of the Constitution of India ... ...
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Writ Petition No. 6434/2000. Case: Smt. Raju Bai (dead) through L.R. Dimak Chand Vs Collector and Anr.. High Court of Madhya Pradesh (India)
...consistently followed by the Supreme Court in the cases of Santosh Kumar Shivgonda Patil and Ors. v. Balasaheb Tukaram Shevale and Ors. (2009) 9 SCC 352; B.T. Jayaram v. State of Karnataka (2008) 14 SCC 530; Pune Municipal Corporation v. State of Maharashtra and Ors. (2007) 5 SCC 211; and C......
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Writ Petition No. 4173 of 2005. Case: Balbir Singh Vs The Director General of Police and Ors.. High Court of Andhra Pradesh (India)
...V. Bhatinda Dist. Coop. Milk Producers Union Ltd. (2007) 11 SCC 363, and Santoshkumar Shivgonda Patil V. Balasaheb Tukaram Shevale (2009) 9 SCC 352). Though these cases pertained to exercise of revisional power, the ratio laid down therein is equally applicable to exercise of review power. ......
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Second Appeal No. 154 of 2001. Case: Ranveer Singh (deceased by L.Rs.) and Anr Vs State. High Court of Madhya Pradesh (India)
...Santhakumar, (2007) 1 SCC 584: (2006 AIR SCW 6427) and Santoshkumar Shivgonda Patil and others v. Balasaheb Tukaram Shevale and others, (2009) 9 SCC 352: (AIR 2009 SC (Supp) Shri H.D. Gupta, learned senior counsel, by inviting our attention to Section 57 of the Code particularly sub-section......
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S.B. Civil Writ Petition No. 6795/12. Case: Santosh Vs Takhat Singh and Ors.. Rajasthan High Court
... ... State of Rajasthan" (D.B. Civil Special Appeal No. 120/12 and other connected special appeals), ... relying upon the decision of the Hon'ble Supreme Court in "Santosh Kumar Shivgonda Patil vs. aheb Tukaram Shevale & Ors." [(2009) 9 SCC 352 ] and "State of ... under Article 226 of the Constitution of India ... ...
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Writ Petition No. 6434/2000. Case: Smt. Raju Bai (dead) through L.R. Dimak Chand Vs Collector and Anr.. High Court of Madhya Pradesh (India)
...consistently followed by the Supreme Court in the cases of Santosh Kumar Shivgonda Patil and Ors. v. Balasaheb Tukaram Shevale and Ors. (2009) 9 SCC 352; B.T. Jayaram v. State of Karnataka (2008) 14 SCC 530; Pune Municipal Corporation v. State of Maharashtra and Ors. (2007) 5 SCC 211; and C......