Bombay High Court
Shri. Satyanarayan Bhoot ... vs Divisional Commissioner, ... on 10 February, 2021
Bench: V.M. Deshpande
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.4117 OF 2017
Shri Satyanarayan Bhoot Charitable
Trust, Regd.No.E-74, Through its
Chairman Smt.Kirandevi Ajaykumar
Agrawal, aged about 64 years, occupation : Nil,
R/o Umarsara, Yavatmal, taluka and district
Yavatmal. ..... Petitioner.
:: V E R S U S ::
1. Divisional Commissioner,
Amravati.
2. Additional Collector, Yavatmal,
Taluka and District Yavatmal.
3. Shri Rajesh Maganlal Rai,
Aged about 45 years, occupation : business,
R/o Balaji Square, Yavatmal,
Taluka and district Yavatmal.
4. Shri Chandrashekant Avinash Salokar,
Aged about 45 years, occupation business,
R/o Gandhi Nagar, taluka digras, district Yavatmal.
5. Sub Divisional Officer, Yavatmal,
Taluka and District Yavatmal. ..... Respondents.
===================================
Shri S.S.Shingne, Counsel for the petitioner.
Shri Nalin Majithia, Counsel for respondent Nos.3 and 4.
Mrs.Mrunal Barabde, AGP for respondent Nos.1,2, & 5.
===================================
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CORAM : V.M.DESHPANDE, J.
DATE : FEBRUARY 10, 2021
ORAL JUDGMENT
1. Heard learned counsel Shri S.S.Shingne for the
petitioner, learned counsel Shri Nalin Majithia for respondent Nos.3
and 4, and learned Assistant Government Pleader Mrs.Mrunal
Barabde for respondent Nos.1,2, and 5.
2. The petitioner, which is a trust registered under the
Maharashtra Public Trusts Act, having its registration No.E-74,
through its Chairman, approached to this Court challenging order
dated 5.6.2017 in Appeal No.06/NAP-34/Umarsara-Yavatmal/2017-
18 passed by respondent No.1/the Divisional Commissioner,
Amravati dismissing the appeal filed on behalf of the petitioner-trust
as infructuous.
3. According to the petitioner-trust, it purchased
agricultural land admeasuring 11 acres from and out of survey No.9
on 7.4.1960 by a registered conveyance in its favour. In the said
conveyance deed, a road was shown from northern boundary
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between survey No.9 and the adjoining land. It is submission of the
petitioner-trust that respondent Nos.3 and 4 purchased survey
No.9/1-A on 16.7.2004. It is submission of the petitioner that
though in the joint measurement it is shown that the road which is
described in the sale deed of the petitioner-trust is part and parcel of
the land of respondent Nos.3 and 4, in the sale deed of respondent
Nos.3 and 4 does not show any road.
4. When this fact was come in the knowledge of petitioner-
trust in the year 2006, the petitioner-trust filed a suit bearing
Regular Civil Suit No.140/2005 claiming decree of permanent
injunction. The temporary injunction was not granted in favour of
the petitioner-trust. Resultantly, the petitioner-trust approached to
Appellate Court and as per submission of learned counsel for the
petitioner, on 21.6.2010 learned District Judge-2, Yavatmal directed
parties to maintain status quo. At Bar, a submission is made that the
suit is still pending.
5. Be that as it may, on 19.1.2015 respondent Nos.3 and 4
applied before the Sub Divisional Officer, Yavatmal seeking
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permission for converting their agricultural land in dispute into non
agricultural one and as per submission, the Sub Divisional Officer
without verifying title granted permission and thereby converted
land in dispute of respondent Nos.3 and 4 to non-agricultural one.
The petitioner-trust questioned the said by filing an appeal before
the Additional Collector, Yavatmal. On 4.2.2017, the appeal was
disposed of by the Additional Collector filed by the petitioner-trust.
Being aggrieved thereby, the petitioner-trust approached to the
Divisional Commissioner, Amravati by filing an appeal in which the
impugned order is passed.
6. I have perused impugned order dated 5.6.2017 passed
by the Divisional Commissioner, Amravati. The order sans a detailed
reasoning. The appeal was dismissed by the Divisional
Commissioner as infructuous because of pendency of the regular civil
suit. In my view, proceeding filed by respondent Nos.3 and 4 for
obtaining permission for conversion of agricultural land into non-
agricultural one is independent one. The suit filed by the petitioner-
trust was for claiming permanent injunction against defendants
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therein that they shall not interfere with peaceful possession and
enjoyment of the land in their possession.
7. The order passed by the Sub Divisional Officer was of
converting the disputed land from agricultural land to non-
agricultural one. In this view of the matter, the Divisional
Commissioner ought to have decided the appeal filed by the
petitioner-trust on its own merits rather than disposing the appeal as
infructuous. Since there is no order deciding the appeal on its own
merits, the matter will have to be remitted back. In the result, I pass
following order:
ORDER
(1) The writ petition is allowed.
(2) The order dated 5.6.2017 passed by the Divisional Commissioner,
Amravati in Appeal No.06/NAP-34/Umarsara-Yavatmal/2017-18 is
hereby quashed and set aside.
(3) Appeal No.06/NAP-34/Umarsara-Yavatmal/2017-18 is restored
to the file of the Divisional Commissioner, Amravati who shall decide
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the said appeal in accordance with law by giving an opportunity to
the petitioner-trust as well as to respondent Nos.3 and 4.
(4) The petitioner-trust as well as respondent Nos.3 and 4 shall
appear before the Divisional Commissioner, Amravati on 9.3.2021
and the said Authority shall decide the appeal within a period of six
months from the date of first appearance of parties before it.
With this, the Rule is made absolute in aforesaid terms.
No costs.
JUDGE
!! BRW !!
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