Bombay High Court
Mrs. Bhagyalaxmi Vijayrao ... vs State Of Maharashtra, Through ... on 12 July, 2017
Bench: I.K. Jain
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.6142 OF 2016
01] Mrs. Bhagyalaxmi Vijayrao Pandharipande,
Aged 56 years, Occupation Agriculturist.
02] Rahul Vijayrao Pandharipande,
Aged 32 years,
Occupation : Service & Agriculturist.
Both petitioners are residents of
Chandewani, Taluka Karanja (Ghadge),
District Wardha. .... Petitioners
-- Versus -
01] State of Maharashtra,
through its District Collector, Wardha.
02] Gram Panchayat Chandewani,
Taluka Karanja (Ghadge),
District Wardha through its Secretary.
03] Doma Jangluji Ingle,
Aged 45 years, Occupation : Agriculturist.
04] Mohan Manikrao Ingle,
Aged 45 years, Occupation : Agriculturist.
Respondents 3 & 4 are residents of
Chandewani, Taluka Karanja (Ghadge),
District Wardha. .... Respondents
Shri Shashikant Borkar, Advocate for the Petitioners.
Shri B.M. Lonare, A.G.P. for Respondent No.1.
Shri P.W. Jasutkar, Advocate for Respondent Nos.2 to 4.
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CORAM : KUM. INDIRA JAIN, J.
DATE : JULY 12, 2017.
ORAL JUDGMENT :-
Rule. Rule made returnable forthwith. Heard finally
with the consent of the learned Counsel for the parties.
02] This petition challenges the following orders passed
by - (i) Naib Tahsildar, Karanja (Ghadge), District Wardha in
Revenue Case No.1-LND-10/2010-2011 on 03/05/2011, (ii) Sub-
Divisional Officer, Arvi in Revenue Appeal No.LND-10/4/2010-
2011 on 30/09/2011, (iii) Additional Collector, Wardha in Case
No.26/LND-10/2011-2012 on 02/07/2015 and (iv) Additional
Commissioner, Nagpur Division in Revision Case No.03/LND-
10/2015-2016 on 16/05/2016.
03] The facts giving rise to the petition may be stated in
brief as under :
I. On 03/01/2011 petitioners submitted complaint to
Tahsildar alleging therein that respondents have
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diverted drainage in their field by breaking boundary
wall of their agriculture field and thereby causing loss
to petitioners. Respondent no.3 also made a
complaint on 21/02/2011 that due to obstruction
created by petitioners, entire rain water has entered
in his field and requested to conduct an enquiry.
II. Vide order dated 03/05/2011, complaint submitted by
respondent no.3 was allowed and Tahsildar came to
the conclusion that petitioners obstructed rain water
and demolished drainage in the field. The directions
were issued by Tahsildar to reconstruct the drainage
and restore the same.
04] Short question in this writ petition is whether Tahsildar
had jurisdiction to initiate the proceedings and issue directions
regarding restoration of drainage. Vide order dated 19/10/2016,
this Court directed respondent no.1 to state the provisions of law
under which exercise was being carried out. In pursuance to the
order, State has filed affidavit-in-reply and in paragraph 5 stated
thus :
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"5. It is further submitted that both the complaints
were not filed as per the provision of Section 143 of
Maharashtra Land Revenue Code. Therefore, the
contention of the petitioner is that the Naib Tahsildar
have no authority to pass such an order is totally
denied by the answering respondent."
05] It is apparent from the complaint that petitioners and
respondents raised a dispute regarding drainage in the field and
complained to Tahsildar to decide their rights over the drainage.
Needless to state that Tahsildar has no jurisdiction to adjudicate
upon civil rights of the parties. By issuing the direction to
restore drainage, Tahsildar has acted as a civil court and
exceeded jurisdiction. On this sole ground, order passed by
Tahsildar being without jurisdiction needs to be set aside.
Hence, the following order :
ORDER
i. Writ Petition No.6142/2016 is allowed.
ii. Rule is made absolute in terms of prayer clause (2).
iii. No costs.
*sdw JUDGE
