Bombay High Court
Western Coalfields Limited, Thr. ... vs Tahsildar, Kamptee, Nagpur And ... on 16 September, 2022
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 3583 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager, Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Vijay S/o Deorao Patil,
aged 53 years.
3. Smt. Manisha Wd/o Prakash Patil,
aged 40 years.
4. Chaitanya S/o Prakash Patil,
Aged 18 years.
5. Ku. Alka D/o Deorao Patil
(Maiden Name) After marriage
Sau Alka W/o Rajendra Bagade,
aged 50 years.
6. Ku. Nanda D/o Deorao Patil
(Maiden Name) After marriage
Sau. Nanda W/o Gowardhan
Meshram, aged 64 years.
7. Ku. Tulja D/o Deorao Patil
(Maiden Name) After marriage
Sau. Tulja W/o Nitin Gaurkhede,
aged 44 years.
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8. Smt. Chandrabhaga Wd/o
Deorao Patil, aged 80 years,
All agriculturist,
All R/o Ward No.3, House
No.267, Bina Sangam, Bina,
Nagpur 441 102.
WITH
WRIT PETITION NO. 3576 OF 2021
PETITIONER : Western Coalfields Limited through its Area
General Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Somnath S/o Wadgu Khode,
aged 63 years.
R/o. Near Renukamata Mandir,
26, Vitthalwadi, Hudkeshwar Road,
Rajapeth, Nagpur - 440034.
WITH
WRIT PETITION NO. 3593 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager, Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
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2. Hukumsingh Puransingh Siriya,
Aged Major,
R/o. Ruigunj Maidan, Sant Tukdoji
Nagar, Kamptee, Dist.- Nagpur 441102.
WITH
WRIT PETITION NO. 3571 OF 2021
PETITIONER : Western Coalfields Limited through its Area
General Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Sheikh Chand Jarib - Dead
i) Sk. Kadir Sk. Chand,
Major.
ii) Sk. Sagir Sk. Chand,
Major.
iii) Ameena Ajit Pathan,
Major.
iv) Naseeba Sk. Hussain,
Major.
v) Rasida Sk., Major.
vi) Madeena Sk. Ismail,
Major.
3. Sheikh Imam Jarib - Dead
i) Sk. Mahboob Imam,
Major.
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4. Mangli A. Jumman - Dead
All R/o. Bina, Tah. Kamptee,
Dist. - Nagpur - 441 102.
WITH
WRIT PETITION NO. 3582 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager, Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Malubai Dadarao Mahajan,
aged 51 years,
R/o. Ward No.2, PO : Bina Sangam
Grampanchayat, Tah. Kamptee,
Nagpur - 441102.
WITH
WRIT PETITION NO. 3581 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager, Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Kiranbai W/o Dhansingh Siriya,
aged 57 years, R/o Ruiganj
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Maidan, Sant Tukdoji Nagar, Kamptee,
District Nagpur - 441 002.
WITH
WRIT PETITION NO. 3580 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager, Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Bhagwan Kawduji Chikhale,
aged 72 years
R/o Ward No.2, Gram panchayat
Road, Bina, Sangam, Tah. Kamptee,
Dist. - Nagpur 441 102.
WITH
WRIT PETITION NO. 3591 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager, Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Bhullan alias Ramshankar S/o
Kantaprasad Tiwari,
aged 80 years, R/o. MA-22,
Swatik Bhavan, J. A. Road,
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Dikshabhumi, Near MIG Colony,
South Ambazari Road, Laxminagar,
Nagpur-440022.
WITH
WRIT PETITION NO. 3572 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba Nagar,
Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Laxman S/o Sadashiv Khode,
aged 75 years
R/o. Behind Chamat Chakki, Plot
No.72, 'Pitruchhya', Adarsha Nagar,
Hanuman Nagar, Nagpur - 440009.
WITH
WRIT PETITION NO. 3594 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Malubai Dadarao Mahajan,
aged 51 years,
R/o. Ward No.2, PO : Bina
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Sangam Grampanchayat, Tah.
Kamptee, Nagpur-441102.
WITH
WRIT PETITION NO. 3595 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba Nagar,
Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Manisha W/o Prakash Patil,
Aged Major,
R/o. Bina, Tah. Kamptee,
Dist.-Nagpur - 441 102.
WITH
WRIT PETITION NO. 3574 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Tarique Sheikh Sardar,
Aged Major,
R/o. House No.113, Contractor
Colony, Ward No.5, Near
Vishwakarma Hospital,
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Khaparkheda, Tah. Saoner,
Dist.-Nagpur - 441 102.
WITH
WRIT PETITION NO. 3578 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager,Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Natthu S/o Mahadev Khode
Aged Major
R/o. Ward No.1, Near Hanuman
Temple, At PO. Bina Sangam,
Tah. Kamptee, Dist.-Nagpur - 441 102.
WITH
WRIT PETITION NO. 3577 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Arjundas & Company
R/o. Ward No.30,
At Post : Dhawalpur, Tah. Katol,
Dist.-Nagpur - 441 302.
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WITH
WRIT PETITION NO. 3573 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Waman S/o Deorao Kumbhare,
aged 53 years,
R/o. Ward No.2, New Bina,
Bhanegaon, Tah. Kamptee,
District Nagpur - 441 102.
WITH
WRIT PETITION NO. 3590 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Waman S/o Deorao Kumbhare
Aged Major
R/o. Ward No.2, New Bina,
Bhanegaon, Kamptee,
Dist.- Nagpur 441 102.
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WITH
WRIT PETITION NO. 3575 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Giridhar Devraoji Kumbhare,
aged major, resident of Ward
No.2, New Bina Bhanegaon,
Nagpur-441102.
WITH
WRIT PETITION NO. 3579 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba Nagar,
Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Hukumsingh Puransingh Siriya
Aged Major
R/o. Ruigunj Maidan, Sant Tukdoji
Nagar, Kamptee,Dist.-Nagpur 441102.
WITH
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WRIT PETITION NO. 3585 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba Nagar,
Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Ramkrushna S/o Awchit
Bhadang, Aged Major, R/o. Ward
No.1, Near Hanuman Templa, At
PO. Bina, Sangam, Tah. Kamptee,
Dist.- Nagpur - 441 102.
WITH
WRIT PETITION NO. 3596 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka,Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Bhagwan Kawduji Chikhale,
aged 72 years
R/o Ward No.2, Gram panchayat
Road, Bina, Sangam, Tah.
Kamptee, Dist. - Nagpur 441 102.
WITH
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WRIT PETITION NO. 3592 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager,Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Hukumsingh Puransingh Siriya
Aged Major
R/o. Ruigunj Maidan, Sant
Tukdoji Nagar, Kamptee,
Dist.- Nagpur 441 102.
WITH
WRIT PETITION NO. 3600 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager,Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Gunaji S/o Dashrath Bhadang
Aged Major
R/o. At PO Bina, Tah. Kamptee,
Dist.- Nagpur - 441 102.
WITH
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WRIT PETITION NO. 3601 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Natthu S/o Mahadev Khode
Aged Major
R/o. Ward No.1, Near Hanuman
Temple, At PO Bina Sangam,
Tah. Kamptee, Dist.- Nagpur -441102.
WITH
WRIT PETITION NO. 3584 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General Manager, Nagpur
Area, Kasturba Nagar, Jaripatka,
Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Malubai Dadarao Mahajan,
aged 51 years
R/o. Ward No.2, PO : Bina
Sangam Grampanchayat,
Tah. Kamptee, Nagpur-441102.
WITH
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WRIT PETITION NO. 3599 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Manikrao J. Gourkhede
Aged Major
R/o. Ward No.3, Bina Sangam,
Bhanegaon, Kamptee,
Dist.- Nagpur 441 102.
WITH
WRIT PETITION NO. 3597 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Zoeb S/o Sadiqbhai Vali,
aged 76 years
3. Mohammadbhai S/o Sadiqbhai
Vali, aged 62 years,
4. Smt. Fatima W/o Samoon
Mamnoon, aged 65 years,
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5. Dr. Smt. Nargishbai W/o Shakir
Vali, aged 70 years,
6. Dr. Smt. Zulekha W/o Iqbal
Daud, aged 68 years,
All R/o. Sadique Building, Mount
Road, Sadar, Nagpur-440001.
WITH
WRIT PETITION NO. 3587 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Sunita Bhaurao Chikankar,
aged 50 years
R/o. Bina, Tah. Kamptee,
Dist. - Nagpur 441 102.
WITH
WRIT PETITION NO. 3586 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
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2. Suresh S/o Bhagwan Chikhale
aged 52 years
R/o. Ward No.1, Plot No.30,
Koradi Road, Near Modern
School, Bokara, Shakti Nagar,
Godhani, Nagpur 441 111.
WITH
WRIT PETITION NO. 3588 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Jagan S/o Punjabrao Bhoyar
Aged Major
R/o. House No.669, Near Water
Tank, Bina Sangam, Tah. Kamptee,
Dist. - Nagpur 441 102.
WITH
WRIT PETITION NO. 3589 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
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2. Laxman S/o Sadashiv Khode,
aged 75 years
R/o. Behind Chamat Chakki, Plot
No.72, 'Pitruchhaya', Adarsha
Nagar, Hanuman Nagar,
Nagpur-440009.
WITH
WRIT PETITION NO. 3598 OF 2021
PETITIONER : Western Coalfields Limited
through its Area General
Manager, Nagpur Area, Kasturba
Nagar, Jaripatka, Nagpur-440014.
VERSUS
RESPONDENTS : 1. Tahsildar, Kamptee,
Office of Tahsildar, Kamptee,
District Nagpur.
2. Vijay S/o Deorao Patil,
aged 53 years
3. Smt. Manisha Wd/o Prakash
Patil, aged 40 years
4. Chaitanya S/o Prakash Patil,
Aged 18 years.
5. Ku. Alka D/o Deorao Patil
(Maiden Name) After marriage
Sau Alka W/o Rajendra Bagade,
aged 50 years.
6. Ku. Nanda D/o Deorao Patil
(Maiden Name) After marriage
Sau. Nanda W/o Gowardhan
Meshram, aged 64 years.
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7. Ku. Tulja D/o Deorao Patil
(Maiden Name) After marriage
Sau. Tulja W/o Nitin Gaurkhede,
aged 44 years.
8. Smt. Chandrabhaga Wd/o
Deorao Patil, aged 80 years,
All agriculturist,
All R/o. Ward No.3, House
No.267, Bina Sangam, Bina,
Nagpur 441 102.
Mr. C.S. Samudra, Advocate for petitioner in all petitions
Mrs. S.S. Jachak, AGP for Respondent / State
Mr. M.G. Bhangde, Senior Advocate with Mr. V.V.Bhangde,
Advocate with Mr. S.S. Sarda, Advocate for respondents in WP
Nos. 3583/2021, 3595/2021, 3594/2021, 3591/2021, 3598/2021,
3597/2021, 3599/2021,
Mr. S.C. Mehadia & Mr. A.S. Mehadia, Advocates for Respondents
in Writ Petition Nos. 3582/2021, 3593/2021, 3578/2021,
3589/2021, 3584/2021, 3601/2021, 3600/2021, 3592/2021,
3579/2021, 3575/2021
Mr. O.W. Gupta, Advocate for Respondents in Writ Petition
Nos.3571/2021, 3576/2021, 3574/2021, 3572/2021, 3580/2021,
3581/2021, 3588/2021, 3586/2021, 3587/2021, 3596/2021,
3585/2021, 3590/2021, 3573/2021, 3577/2021
CORAM : MANISH PITALE, J.
RESERVED ON : 30/06/2022
PRONOUNCED ON: 16/09/2022
JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally with
the consent of learned counsel appearing for rival parties.
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2. All these writ petitions raise a common point for consideration,
which pertains to the true scope and interpretation of Section 155 of the
Maharashtra Land Revenue Code, 1966. The said question is raised
specifically in the backdrop of acquisition of lands in question and
vesting of such lands in the acquiring body. The petitioner - Western
Coalfields Limited (WCL), being the acquiring body, is contending that
upon acquisition and vesting of the lands in question, the revenue
authorities under Section 155 of the said Code cannot exercise
jurisdiction to carry out any correction in the revenue record. The
impugned orders passed by the Tahsildar have been directly challenged
in these writ petitions, despite availability of alternative remedy of
appeal, on the ground that the impugned orders have been passed
without jurisdiction.
3. The brief facts leading to filing of the present writ petitions are
that the petitioner - WCL acquired lands of the private respondents i.e.
the land owners under the provisions of the Coal Bearing Area
(Acquisition and Development) Act, 1957 (hereinafter referred to as
"Act of 1957"). The lands belonging to the respondent - land owners
were acquired for opening new coal mines and accordingly,
Notifications were issued under the Act of 1957, in order to initiate and
complete the process of acquisition of lands belonging to the
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respondent - land owners. The WCL claimed to have acquired the
lands and taken possession thereof, at which stage the lands belonging
to the respondent - land owners were recorded in the revenue record as
non-irrigated lands. This entry in the revenue record did have a crucial
bearing on the determination of quantum of compensation, because
compensation for irrigated land can be much higher than compensation
for non-irrigated land.
4. The respondent - land owners filed applications under Section
155 of the Code. Along with the applications, the respondent - land
owners filed certain documents before the respondent - Tahsildar,
claiming that the lands were wrongly recorded as non-irrigated lands
and that the entry ought to be corrected to irrigated lands. On
11/07/2016, the respondent - Tahsildar passed an order, exercising
power under Section 155 of the Code and directed that the lands of the
respondent - land owners be recorded as irrigated lands.
5. Aggrieved by the said order of the Tahsildar, the petitioner -
WCL filed number of Writ Petitions before this Court. On 15/10/2019,
this Court in Writ Petition No. 2474 of 2017 (WCL Vs. Tahsildar,
Kamthee and another), held that while passing the aforesaid order dated
11/07/2016, notice was not issued to the petitioner - WCL. This Court
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set aside the said order dated 11/07/2016, passed by the Tahsildar, only
on the said ground of absence of notice to the petitioner - WCL and
directed the Tahsildar to decide the proceedings afresh by granting
opportunity to all the concerned parties.
6. Pursuant to the matters being remanded to the Tahsildar, the
petitioner - WCL was heard in the proceedings. By orders dated
09/01/2020, the respondent - Tahsildar held that no alteration was
required in the aforesaid orders dated 11/07/2016, as a consequence of
which the correction of the entry as irrigated lands was upheld.
7. Aggrieved by the said orders passed by the Tahsildar, the
petitioner - WCL has filed these Writ Petitions.
8. Mr. C.S. Samudra, learned counsel appearing for the petitioner -
WCL in these petitions submitted that the impugned orders passed by
the Tahsildar were without jurisdiction, for the reason that once the
lands were acquired and they stood vested with the petitioner - WCL,
the revenue authorities under the Code had no power or authority to
deal with any aspect pertaining to the said lands. It was submitted that
equally the respondent - land owners had lost the capacity to file and
maintain applications before the Tahsildar under Section 155 of the
Code for correction of errors in the entries. It was submitted that
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Section 155 of the Code pertained to correction of clerical errors and
correction made by the impugned orders was a substantial correction,
changing the very nature of the subject lands. According to the learned
counsel for the petitioner - WCL, there was no such power available
under the said provision with the Tahsildar to make any corrections or
any changes in the status of the land from non-irrigated to irrigated. In
support of his contention regarding vesting of the lands in favour of the
petitioner - WCL and its effect, the learned counsel relied upon
judgments of the Hon'ble Supreme Court in the cases of V.
Chandrasekaran and another Vs. Administrative Officer and others
reported in (2012) 12 SCC 133 and North Eastern Coalfields Ltd. Vs.
Mubarak Ali and others reported in (2005) 11 SCC 293.
9. On the aspect of alternative remedy of appeal available under the
Code, the learned counsel appearing for the petitioner - WCL
submitted that despite availability of alternative remedy, the writ
petitions were maintainable before this Court and for that purpose he
relied upon judgments of the Hon'ble Supreme Court in the cases of
Magadh Sugar & Energy Ltd. Vs. State of Bihar and others reported in
2021 SCC OnLine SC 801; Committee of Management and another
VS. Vice-Chancellor reported 2009 2 SCC 630 and judgment of this
Court in the case of Laxman V. Vajage Vs. Collector of Bombay and
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others reported in 2005(1) Mh.L.J. 487.
10. Since the respondent - land owners had stated before the
Tahsildar that in cases of some other similarly placed land owners, the
petitioner - WCL had not raised any objection and paid compensation,
which was a factor taken into consideration by the Tahsildar, the learned
counsel appearing for the petitioner relied upon judgment of the
Hon'ble Supreme Court in the case of R. Muthukumar & Ors. Vs. The
Chairman and Managing Director TANZEDCO & Ors. (Judgment and
order dated 07/02/2022, passed in Civil Appeal No.1144/2022),
wherein it was reiterated that there cannot be negative equality i.e. if
relief was wrongly granted to certain persons, no right to such relief on
the basis of equality could be claimed by similarly situated persons.
11. Mr. M.G. Bhangde, learned Senior Counsel, Mr. S.C. Mehadia,
learned Counsel, Mr. O.W. Gupta, learned Counsel appeared on behalf
of the contesting respondents i.e. land owners / claimants. The learned
counsel submitted that the impugned orders passed by the Tahsildar
under Section 155 of the Code could not be said to be without
jurisdiction, because a proper reading of the said provision would show
that if an error was noticed by a Revenue Officer, clerical or otherwise,
it could be corrected under the said provision at any time, subject to
24 CORRECTED-wp-3583-21-J--.odt
notice to the relevant parties. It was submitted that in the present case,
after the matters were remanded to the Tahsildar, proper notice was
indeed given to the petitioner - WCL and after proper hearing in the
matter the impugned orders were passed. On this basis, it was
submitted that the impugned orders could not be said to be without
jurisdiction and that, therefore, alternative remedy of preferring appeal
under the Code was available to the petitioner - WCL and that on this
alone ground the petitions deserved to be dismissed. It was submitted
that the petitioner - WCL had admittedly not challenged such
corrections made in the revenue records concerning similarly situated
land owners pertaining to lands located in Saoner and Parseoni Tahsils
and that the petitioner - WCL did not raise any objection in respect of
such orders. It was submitted that enhanced compensation was in fact
paid to such claimants without any demur by the petitioner - WCL.
On this basis, it was submitted that the present petitions ought to be
dismissed by this Court. In order to support the aforesaid contention,
Mr. Bhangde, learned Senior Counsel, relied upon judgments of the
Hon'ble Supreme Court in the cases of Union of India and others Vs.
Kumudini Narayan Dalal and another reported (2001) 10 SCC 231 and
Dr. G. Sadasivan Nair Vs. Cochin University of Sciences and
Technology represented by its Registrar and others reported in (2022) 4
25 CORRECTED-wp-3583-21-J--.odt
SCC 404.
12. Mr. Mehadia, learned counsel appearing for some of the
respondent / land owners submitted that the petitioner - WCL was not
justified in challenging the impugned orders, only in respect of
respondent - land owners before this Court, while disbursing
compensation to similarly situated land owners on the basis of
correction of revenue record, whereby the lands were shown as irrigated
lands. He relied upon judgment and order dated 08/06/2015, passed
by this Court in Writ Petition No. 4722/2014 (Sau. Sunitabai Bhaurao
Chikankar Vs. Western Coalfields Limited and others) and connected
petitions. It was also submitted by the learned counsel appearing for
the respondent - land owners that the petitioner - WCL was not
justified in contending that the impugned orders passed by the
Tahsildar would affect the proceedings already filed by the WCL on
merits concerning quantum of compensation. It was submitted that the
power exercised by the respondent - Tahsildar under Section 155 of the
Code was independent and the said authority was well within its rights
to pass the impugned order. On this basis, it was submitted that the
Writ Petitions ought to be dismissed.
13. The real crux of the controversy in the present petitions pertains
26 CORRECTED-wp-3583-21-J--.odt
to the interpretation of the power available to the competent authority
under Section 155 of the Code. The petitioner - WCL has emphasized
on acquisition and vesting of lands, thereby claiming that once such
vesting takes place, the revenue authorities under the Code cannot
exercise power as regards correction of the revenue entries. There can
be no quarrel with the proposition about the effect of vesting as laid
down by the Hon'ble Supreme Court in the aforesaid judgments in the
cases of North Eastern Coalfields Ltd. Vs. Mubarak Ali and others and
V. Chandrasekaran and another Vs. Administrative Officer (supra).
There can be no doubt about the fact that upon acquisition of the lands
and the same being vested in the petitioner - WCL, the rights of the
land owners stood extinguished, except for their right to claim just and
fair compensation. There can also be no quarrel with the position of
law that upon vesting of the lands with the petitioner - WCL, the land
owners i.e. contesting respondents herein could be said to be persona
non grata.
14. But, the real question is, as to whether the Revenue Officer under
the aforesaid Code would cease to have any jurisdiction in respect of the
said lands post acquisition and vesting. In this context, Section 155 of
the Code becomes relevant, which reads as under: -
27 CORRECTED-wp-3583-21-J--.odt
"155. Correction of clerical errors
The Collector may, at any time, correct or
cause to be corrected any clerical errors and any errors
which the parties interested admit to have been made in
the record of rights or registers maintained under the
Chapter or which a Revenue Officer may notice during
the course of his inspection:
Provided that, when any error is noticed by a Revenue
Officer during the course of his inspection, no such error
shall be corrected unless notice has been given to the
parties and objections, if any, have been disposed of finally
in accordance with the procedure relating to disputed
entries."
15. A bare reading of the above quoted provision would show that
the Collector (in this case the respondent - Tahsildar upon being
authorized by the Collector), could at any time correct a clerical error
and any error either upon the interested parties admitting to such
correction or which a Revenue Officer may notice during the course of
inspection. The proviso requires the Revenue Officer to necessarily put
the concerned parties to notice and objections, if any, are required to be
disposed of finally in accordance with procedure relating to disputed
entries. Thus, it becomes clear that there is no limitation to a Revenue
Officer exercising power under the aforesaid provision.
16. Much emphasis was placed on behalf of the petitioner - WCL on
the aspect that once the land had vested in it, no application could have
been preferred by the respondent - land owners under Section 155 of
28 CORRECTED-wp-3583-21-J--.odt
the Code, for the reason that the petitioner - WCL was not admitting to
any such correction and it could not be said, in the facts of the present
case, that the Revenue Officer had noticed any error during the course
of inspection for making correction.
17. In order to better appreciate the aforesaid contentions raised on
behalf of the petitioner - WCL, it would be necessary to take a close
look at the documents available on record. A perusal of the two orders
passed by the Tahsildar on 11/07/2016 and 09/01/2020, would show
that the Tahsildar caused a spot inspection to be conducted concerning
the subject lands of the respondent - land owners and after considering
the documents on record, found that there was an error in recording the
lands as non-irrigated lands. Thereupon, the Tahsildar found it fit to
exercise power under Section 155 of the Code to make correction in the
records to the effect that the subject lands were irrigated lands. Even if
the action of the Tahsildar could be said to have been triggered by the
applications filed by the respondent - land owners, it can certainly be
said that when spot inspection was conducted through the Talathi and
report was received by the Tahsildar as Revenue Officer, error was
noticed and power was exercised under Section 155 of the Code for
carrying out correction. In this context, a perusal of the objection raised
on behalf of the petitioner - WCL before the Tahsildar would show that
29 CORRECTED-wp-3583-21-J--.odt
the substance of the objection was that once the land stood acquired
and vested with the WCL, the Tahsildar could not exercise power to
correct the revenue entry. It was indeed stated in this backdrop that the
Tahsildar had no jurisdiction under the aforesaid provision and that the
respondent - land owners were seeking correction only to get extra
benefits for the acquisition of their lands.
18. It is significant that minutes of a meeting conducted with the
officials of the petitioner - WCL in the context of growing dis-
satisfaction of the land owners with the compensation, show that a
direction was issued to the state authorities to give information to the
petitioner - WCL regarding permanent sources of irrigation pertaining
to the said lands. This document recording minutes of the meeting
dated 27/12/2014, has not been denied by the petitioner - WCL.
19. The aforesaid document becomes relevant in the context of a
specific communication addressed by the Area Planning Officer of
Nagpur Area of the petitioner - WCL, dated 07/10/2006, addressed to
the respondent - Tahsildar, wherein it is stated that the land owners had
refused to accept compensation while disputing the status of the land
and a specific request was made, by the said officer of the petitioner
WCL, to confirm the status of the lands given in the statement of the
30 CORRECTED-wp-3583-21-J--.odt
petitioner - WCL under Section 9(1) of the Act of 1957 on
14/05/2004. It was specifically asked from the Tahsildar, as to whether
such statement was correct or not. This becomes extremely crucial for
the reason that the said Notification pertained to acquisition of the
lands of the respondent - land owners. The said document clearly
discloses that the petitioner - WCL itself was in doubt about the lands
of the respondent - land owners being recorded as non-irrigated lands.
When such a clarification was sought by the petitioner - WCL itself
from the respondent - Tahsildar about the exact status of the land of the
respondent - land owners, it cannot lie in the mouth of the petitioner -
WCL to claim that the impugned orders passed by the Tahsildar
correcting error in the record, were without jurisdiction. All that the
proviso to Section 155 of the Code requires is that the concerned parties
are put to notice and objections are considered before an order is passed
for correcting the error in the revenue record.
20. This Court is satisfied that after the matters were remanded on
the ground that proper notice was not issued to the petitioner - WCL
and thereafter, the Tahsildar considered the objections raised by the
petitioner - WCL in detail, the impugned orders cannot be said to be
without jurisdiction.
31 CORRECTED-wp-3583-21-J--.odt
21. Having held that the impugned orders passed by the respondent
- Tahsildar cannot be said to be without jurisdiction, the writ petitions
could have been dismissed on the ground of availability of alternative
remedy. But, having issued notices and considered the contentions of
the rival parties on merits, this Court is of the opinion that the Writ
Petitions ought not to be dismissed, only on the ground of availability
of alternative remedy. Even otherwise, the rule of availability of
alternative remedy is more a rule of prudence than a rule of law and a
writ petition need not be dismissed on every occasion when it is found
that an alternative remedy is available. Therefore, this Court is
refraining from dismissing the writ petitions only on the said ground.
22. Even otherwise, it is found that the Tahsildar has considered the
objections of the petitioner - WCL in detail. The findings of the
Tahsildar are based on spot inspection reports showing sources of
irrigation in the lands in question, thereby warranting correction in the
revenue record to show the lands as irrigated lands.
23. It is also specifically recorded by the Tahsildar that in the case of
similarly situated lands in the Tahsils of Saoner and Parseoni, the
petitioner - WCL never raised any objection about correction of
revenue record showing the lands as irrigated lands and also paid
32 CORRECTED-wp-3583-21-J--.odt
enhanced compensation. This is a relevant factor taken into
consideration by the Tahsildar. This Court is also of the opinion that
when the petitioner - WCL chose not to raise any objection with regard
to such correction of the revenue record by the Tahsildar under Section
155 of the Code, pertaining to lands and land owners similarly situated,
no interference is warranted in the impugned orders passed by the
respondent - Tahsildar. The aspect of negative equality sought to be
raised on behalf of the petitioner by placing reliance on the judgment of
the Hon'ble Supreme Court in the case of R. Muthukumar & Ors. Vs.
The Chairman and Managing Director (supra), is misplaced. In the said
judgment, the Hon'ble Supreme Court has held that if a benefit is
conferred on one set of people without legal basis or justification, that
benefit cannot multiply or be relied upon as a principle of parity or
equality. Such is not the case in the present matters, for the reason that
this Court has held hereinabove that the Tahsildar as the Revenue
Officer in the facts and circumstances of the present cases, was indeed
justified and within his jurisdiction to exercise power vested under
Section 155 of the Code. It cannot be said that benefit or advantage was
conferred upon land owners from the Tahsils of Saoner and Parseoni,
without legal basis or justification and that the respondent - land
owners are claiming negative equality by seeking parity.
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24. On the other hand, the respondent - land owners are justified in
relying upon judgments of the Hon'ble Supreme Court in the cases of
Union of India and others Vs. Kumudini Narayan Dalal and Dr. G.
Sadasivan Nair Vs. Cochin University of Sciences and Technology
(supra), wherein it has been laid down that when a rule operates in the
context of similarly situated persons and the authority concerned
chooses to apply the rule in a particular manner concerning an
individual, it ought to apply the rule in the same manner in the context
of another similarly situated individual. Thus, the aforesaid contention
raised on behalf of the petitioner - WCL cannot be accepted.
25. As regards the contention raised on behalf of the petitioner -
WCL that correction of the revenue record by the Tahsildar would
affect the proceedings pending before this Court on the question of
quantum of compensation, suffice it to say that the correctness or
otherwise of exercise of power and orders passed by the Tahsildar under
Section 155 of the Code, cannot be analyzed and decided on the basis
of proceedings pending before this Court pertaining to quantum of
compensation. The whole purpose of determining compensation in
such cases is to determine as to what can be just and fair compensation
payable to the land owners. The proceedings before the Tahsildar
under Section 155 of the Code are clearly independent proceedings and
34 CORRECTED-wp-3583-21-J--.odt
if they aid in determining just and fair compensation to land owners,
then it cannot be said that the proceedings could not have been initiated
or the orders passed by the Tahsildar deserved to be set aside, merely
because proceedings pertaining to the determination of quantum of
compensation are pending before this Court. Thus, the aforesaid
contention also deserves to be rejected.
26. In view of the above, it is found that there is no merit in the
present writ petitions. Accordingly, the writ petitions are dismissed. No
costs.
27. Rule is discharged.
JUDGE
Later on
Upon pronouncement of judgment, Mr. C.S. Samudra, learned
counsel appearing for the petitioner - Western Coalfields Limited
prayed for continuation of the interim order that was operating during
the pendency of the writ petitions. This Court has considered the
prayer, but, considering the reasons recorded in the present judgment,
this Court is of the opinion that the prayer for continuation of stay
cannot be granted.
Hence, prayer is rejected.
JUDGE
Digitally signed by:MILIND
P DESHPANDE
MP Deshpande
Signing Date:16.09.2022
17:55
