Shri. Dharamraj Kashiram Pardi and Ors. v. Kachru Sakharam Pardhi and Ors.

Bombay HC8 Apr 2024WP/5125/2024

Case brief

AI extract

What is this about?

Adivasi purchasers of suit land sought to challenge an Executing Court condition requiring Collector's permission for transfer. The court noted Collector permission is a statutory requirement under the Maharashtra Land Revenue Code even between Adivasis, found an arguable case and issued notice.

What did the court decide?

Notice issued to respondents returnable on 07.05.2024; AGP waived service for Respondent Nos. 6 to 8; respondents directed to file affidavit-in-reply and remain present on next date.

Shri. Dharamraj Kashiram Pardi and Ors. vs Kachru… — Landlord and Tenant | Bombay HC (2024)

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P15. CIVIL WP-5125-2024.docx

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Amberkar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 5125 OF 2024

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Dharamraj K. Pardi & Ors. .. Petitioners

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Versus

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Kachru S. Pardhi & Ors. .. Respondents

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Mr. Prafulla B. Shah for Petitioners

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Mr. P.G. Sawant, AGP for Respondent Nos. 6 to 8

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CORAM : MILIND N. JADHAV, J. DATE : APRIL 23, 2024

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P. C.:

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Not on board. Mentioned. Taken on board.

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Perused the praecipe dated 23.04.2024. Heard Mr. Shah, learned Advocate for Petitioners and Mr. Sawant, learned AGP for Respondent Nos. 6 to 8.

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In the present case Petitioners would contend that they are purchasers of the subject / suit land from the vendors. Both purchasers and the vendors are Adivasis, however the learned Executing Court has placed a condition that permission of the Collector was necessitated while decreeing the Suit which was filed by the purchasers against vendors. According to Mr. Shah such leave of the Collector would not be required since both parties belong to the same community. However, this is not an absolute proposition. Permission of Collector is in respect of sale of land and the provisions

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P15. CIVIL WP-5125-2024.docx

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do not exempt such permission if both parties are Adivasis. Permission of Collector for sale of land belonging to an Adivasi is a statutory requirement under the Maharashtra Land Revenue Code, 1966. Mr. Shah would however contend otherwise and seek to refer to and rely upon citations in support of his proposition regarding no leave is required to be obtained.

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An arguable case is made out by Mr. Shah for issuance of notice for final disposal.

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Issue notice to the Respondents made returnable on 07.05.2024. Mr. Sawant, learned AGP waives service on behalf of Respondent Nos. 6 to 8. Humdast permitted. In addition to Court's notice, Petitioners are directed to serve copy of the Petition along with copy of this order on the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date.

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After receiving the notice, Respondents to file affidavit-in-reply on or before the next date, if so desired with an advance copy to the Advocate for Petitioners.

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Respondents are directed to remain present either themselves or through their Advocate on the next adjourned date. It is made clear that if Respondents remain absent despite service on the next

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P15. CIVIL WP-5125-2024.docx

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adjourned date, this Writ Petition shall be heard and disposed of at the

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stage of admission in the absence of the Respondents.

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Stand over to 7^th May, 2024 before the regular Court.

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Amberkar

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[ MILIND N. JADHAV, J. ]

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Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date:2024.04.23 19:11:55 +0530

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Shri. Dharamraj Kashiram Pardi and Ors. v. Kachru Sakharam Pardhi and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Dharamraj Kashiram Pardi and Ors. v. Kachru Sakharam Pardhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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