Rajesh Atmaram Supatkar vs The Tahsildar, Soaner, Nagpur And ...
2022 Latest Caselaw 10576 Bom

                                           1                         34-wp-5488-22

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR

                     WRIT PETITION NO. 5488 OF 2022
           Rajesh Atmaram Supatkar Vs. The Tahsildar Saoner & Ors.
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Office Notes, Office Memoranda of Coram,            Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                Mr. Rahul D. Dhande, Advocate for Petitioner
                Mr. S.M. Ukey, Addl. G.P. for Respondent Nos.1 and 2
                Mr. B.D. Wakade, Advocate for Respondent No.3

                                   CORAM : AVINASH G. GHAROTE, J.

DATE : 12th OCTOBER, 2022

The judgment of this Court in WP No. 1908 of 2021 dated 07/04/2022, in which the order dated 03/03/2021 passed by the Tahsildar was questioned earlier indicates that the exercise of the power under Section 257 of the Maharashtra Land Revenue Code by the Tahsildar was held to be wholly unwarranted as such delegation, is claimed to have been done by the Sub-Divisional Officer in favour of the Tahsildar, which would be contrary to the language of Section 257 of the Maharashtra Land Revenue Code. This is more so when the order dated 30/11/2004, which fixed the mutation entries holding that the land belonging of the petitioner was located in survey No. 34, whereas the land belonging to the respondent No.4 was located in Survey Nos. 33/1 and 33/3, was passed by the Sub-Divisional Officer and which position remained unchallenged. The order dated 10/09/2020, by the Sub-Divisional Officer regarding delegation of power under Section 257 of the Maharashtra 2 34-wp-5488-22

Land Revenue Code to the Tahsildar, the report of the Talathi dated 26/3/2020 and so also the order dated 03/03/2021 passed by the Tahsildar were all quashed and set aside, inspite of which the respondent No.1 appears to have again heard the matter and passed the impugned order, reiterating the order dated 03/03/2021 (page 94), which is a very strange state of affairs.

2. The learned Assistant Government Pleader to take appropriate instructions and make a statement. The respondent No.1 to remain personally present in Court on 18/10/2022.

3. List on 18/10/2022.

(AVINASH G. GHAROTE, J.)

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:12.10.2022 18:39