Dean Dayal and Sons Partnership Firms Thr Its Partner v. the Maharashtra Revenue Tribunal Pune Thr Its Chairman and Ors.
Case brief
What is this about?
Tenancy — Maharashtra Tenancy and Agricultural Lands Act, 1948 — Section 84C suo motu proceedings by Tahsildar; State's name mutated in revenue records, Petitioner's name deleted; certified copy of Section 84C order reported missing from records (10/05/2011); appeal under Section 74 before SDO dismissed on delay with merit observations (order dated 11/09/2015); MRT revision dismissed as incompetent for want of certified copy (impugned order dated 23/06/2023); Mohamad Kavi Mohamad Amin Vs. Fatmabai Ibrahim (1997) 6 SCC 71 distinguished; writ petitions disposed; liberty to file fresh appeal before SDO subject to limitation; title open before civil court; SDO's merit observations not to influence fresh proceedings; legality of initiation of Section 84C proceedings left open; no costs. Coram: M. S. Karnik, J.; High Court of Bombay, decision dated 22 January 2025.
What did the court decide?
Petitions disposed of by common order with no interference in the impugned MRT order dated 23/06/2023; the liberty granted by the MRT to file a fresh Appeal before the SDO (subject to the law of limitation) stands; the Petitioner may establish title before the competent civil Court and may resort to appropriate remedies before the SDO if the Section 84C order is furnished or an adverse claim is founded on it; all contentions, including the legality of initiation of Section 84C proceedings, kept open; fresh proceedings not to be influenced by the SDO's merit observations in the order dated 11/09/2015; no costs.