The Court disposed of an civil application seeking an injunction to restrain respondents from alienating suit land pending writ petitions. The Court found the existing status quo order valid and noted the Collector had granted stay and gave hearing, rejecting the apprehension of violation.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
10 CIVIL APPLICATION NO.9715 OF 2023 IN WP/3195/2002 WITH
WP/2362/2001
Motichand Humumchand Bundelkhandi Age; 87 years, Occ; NA R/o; Sardar Bazar Chalisgaon, Tq. Chalisgaon & Dist. Jalgaon.
...Applicant
VERSUS
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Since deceased through his legal heirs, 8-A. Ramabai W/o Laxman Garud,
Age; 62 years, Aocc; Household, R/o; Shindi, Tq. Chalisgaon, Dist. Jalgaon.
13-B) Pandit Mansing More, Age; 56 years, Occ; Agri, R/o; Mehunbare-Dhule Road Chalisgaon, Tq. Chalisgoan, Dist. Jalgaon.
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16-B) Girish Wishwanath Bundelkhandi,
Age; 62 years, Occ; Agri, R/o; Tilak Chawk, Gadhi, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon.
16-C) Sudhir Vishwanath Bundelkhandi
Age; 58 years, Occ; Agri, R/o; Tilak Chawk, Gadhi, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon.
16-D) Sushila Ramesh Dongare,
Age; 56 yrs, Occ; Household, R/o; Mohan Vishwanth Bundelkhandi R/o; Tilak Chawk, Gadhi, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon.
16-E) Sau. Chhayabai Sarvagi,
Age; 54 years, Occ; Household, R/o; Mohan Vishwanth Bundelkhandi R/o; Tilak Chawk, Gadhi, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon.
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16-F) Ashabai Barsaiyan,
Age; 62 years, Occ; Household, R/o; C/o Mohan Vishwanath Buldelkhandi, R/o; Tilak Chawk, Gadhi, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon.
16-G) Ramratibai Vishwanath Bundelkhandi,
18-B) Girish Vishwanath Bundelkhandi,
18-C) Sudhir Vishwanath Bundelkhandi,
18-D) Sushila Ramesh Dongare,
18-E) Sau Chhayabai Sarvagi,
Age; 54 years, Occ; Household, R/o; Mohan Vishwanth Bundelkhandi
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R/o; Tilak Chawk, Gadhi, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon.
18-F) Ashabai Barsaiyan,
Age; 62 yrs, Occ; Household, R/o; Mohan Vishwanth Bundelkhandi R/o; Tilak Chawk, Gadhi, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon.
18-G) Ramratibai Vishwanath Bundelkhandi,
Age; 68 yrs, Occ; Household, R/o; Mohan Vishwanth Bundelkhandi R/o; Tilak Chawk, Gadhi, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. ...Respondents
Advocate for Applicant : Mr. V.D.Sapkal i/by Mr.G. L. Gujar AGP for Respondent Nos. 1 to 5/State in WP : Ms.D.S.Jape ...
CORAM : KISHORE C. SANT, J.
DATE : 08.08.2023.
PER COURT :
No. 3195 of 2002 which is clubbed together with Writ Petition No.2362 of 2002 filed by the tenants of the petitioner, arising out of the orders passed in the Revenue Proceedings in respect of the declaration of the status of the respondents as tenants.
granted the status-quo. Subsequently in both Writ Petitions a
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rule is granted by this Court and thus both the petitions are admitted. The Status-quo order was passed in the petition filed by the respondents herein. Though an order of the status-quo is still in force, one of the respondents i.e. the legal representative of the petitioner No. 8 in Writ Petition No. 2362 of 2002 applied to the learned Collector under Section 36 and 36A of the Maharashtra Agriculture (Ceiling and Holding Act, 1961) and under Section 29, 36 and 36A of the Maharashtra Land Revenue Code, 1966, seeking permission of transfer the land in favour of some third person namely Sandeep Yadavrao. The learned Collector, Jalgaon has granted permission to sale the land by observing that though there was order of status-quo in Writ Petitions initially same does not appear to be there as of now.
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No. 3195 of 2002 are creating third party interest and therefore, prayed for the injunction restraining respondents from creating third party interest or alienating the suit land mentioned therein.
Mr.Shinde for respondent Nos. 6 to 14. They pointed out that in Writ Petition No. 3195 of 2002, though there was specific prayer in Clause (D) praying for the same relief which is mentioned in the application and that was not considered while passing the order. They further submit that thus, there is no question of granting any interim relief after more than 20 years which was not granted at the time of passing the order. They further submit that the application made to the Collector was allowed by giving hearing to the applicants. The application filed by one
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person can be no reason to apprehended as regards the other persons. They further submit that in any case, unless all the tenants seek permission from the Collector, no third party interest can be created. The Collector had also given notices to the applicants before passing the order. They then submit that the apprehension is totally ill-founded and no application needs to be rejected.
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concerned, the MRT has granted stay. In view of this, this Court finds that since the status-quo is there, there is no any reason to have apprehension in the mind of the applicant. In any case as submitted by learned Advocate Mr. Thoke that ultimately even the Collector has to pass an order only after hearing the applicant and at any point of time it is open for the applicant to bring the order of status-quo to the notice of the authority. In any case, he submits that there is no intention of the parties to create a third party interest, since they are personally cultivating the respective lands.
( KISHORE C. SANT ) JUDGE
mahajansb/
3 issues framed by the court
Whether to grant an injunction restraining respondents from creating third party interest in suit land pending writ proceedings while status quo is in operation.
Whether the apprehension of alienation by a single respondent justifies interfering with tenants in other petitions when the Collector has granted permission after hearing.
Whether the existing order of status quo in related writ petitions prevents the Collector from granting permission for sale of the land.
3 provisions across 3 enactments
Motichand Humumchand Bundelkhandi
State of Maharashtra
Maharashtra Revenue Tribunal
Sub Divisional Officer, Chalisgaon
Tahsildar Chalisgaon
Commissioner Mumbai
KISHORE C. SANT
As recorded by the court registry
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