Bombay High Court
Shri. Waman Punja Gangurde vs State Of Maharashtra Through ... on 19 January, 2023
Bench: G. S. Kulkarni
pvr 8-9-wp9966-14-wp9971-14-wp9969-14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9966 OF 2014
Fakira Mohan Gangurde (Since deceased)
through LRS. ..Petitioners
Vs.
State of Maharashtra through District
Collector Nashik & Ors. ...Respondents
and
WRIT PETITION NO.9971 OF 2014
Hanumanta Rakhama Gangurde (Since deceased)
through LRS. ..Petitioners
Vs.
State of Maharashtra through District
Collector Nashik & Ors. ...Respondents
and
WRIT PETITION NO.9969 OF 2014
Shri.Waman Punja Gangurde ..Petitioner
Vs.
State of Maharashtra through District
Collector Nashik & Ors. ...Respondents
__________
Mr.Harshad M. Inamdar, for the Petitioners.
Mrs. V. S. Nimbalkar, AGP for the State.
__________
CORAM : G.S. KULKARNI, J.
DATE : JANUARY 19, 2023
P.C.:
1. The challenge in the petitions is to a common order dated 11
December 2013 passed by the President, Maharashtra Revenue Tribunal.
-------------------------
19 January, 2023
pvr 8-9-wp9966-14-wp9971-14-wp9969-14.odt
By the impugned order, the revision applications filed by respondent
No.2-the Federal Bank Ltd. against the judgment and order dated 30
August 2008 passed by the Sub-Divisional Officer, Nashik, in a group of
39 appeals, have been allowed.
2. In so far as the petitioners' case in these three petitions is
concerned, the facts are similar. Sometime in the year 1996 the
petitioners who were owners of certain lands had executed sale deeds to
sell their lands in favour of M/s.Indo French Bio Tech Enterprises
Ltd./respondent No.5 (for short Indo French). There is no dispute that
the sale deeds by which the lands of the petitioners were transferred in
favour of Indo French, have continued to remain valid, legal and
subsisting. These lands were mortgaged by Indo French in favour of
respondent No.2-the Federal Bank to obtain loans. It is stated that a
loans of Rs.4,80,00,000/- (Rupees Four Crores Eighty lakhs only) was
obtained by Indo French from the Federal Bank, against the mortgaged
of these lands which originally belonged to the petitioners. It is also not
in dispute that the name of the Federal Bank was mutated in the Record
of Rights.
3. It appears that some time in the year 1997 Indo French was
directed to be wound up in the proceedings of a Company Petition filed
before this Court. Respondent No.2-Federal Bank had also initiated
-------------------------
19 January, 2023
pvr 8-9-wp9966-14-wp9971-14-wp9969-14.odt
proceedings before the Debt Recovery Tribunal against Indo French. In
such proceedings Court Receiver was also appointed in respect of the
mortgaged property. It appears that some time in the year 2006, an
inquiry was undertaken by Tahasildar as to whether the transfer of the
lands which were subject matter of several sale deeds which included
the lands conveyed by the petitioners under the independent sale deeds
in favour of Indo French, could be said to be legal and not in breach of
the Bombay Tenancy and Agricultural Lands Act, 1948 (for short 'the
1948 Act'). In such enquiry the Tahasildar passed an order dated 30 May
2006 directing that the said lands be forfeited and taken into the
custody of the State Government. Such order passed by the Tahasildar
was challenged by the Federal Bank before the Sub-Divisional Officer
(SDO) in appeals, who rejected the appeals filed by the Federal Bank by
an order dated 30 August 2008. Against such order passed by the SDO,
Nashik, revision applications in question came to be filed by the Federal
Bank before the Maharashtra Revenue Tribunal (MRT), which have been
allowed by the impugned order.
4. The principal contention as urged on behalf of the petitioners in
support of the prayer that the impugned order passed by the MRT be set
aside is to the effect that, the impugned order does not take into
consideration the plea as urged on behalf of the petitioners that Indo
French under the provisions of the 1948 Act could not have been
-------------------------
19 January, 2023
pvr 8-9-wp9966-14-wp9971-14-wp9969-14.odt
entitled to the benefits of the land under the sale deeds in question, and
could not have mortgaged the lands.
5. On a perusal of the impugned order, the learned President of the
Maharashtra Revenue Tribunal has observed that there were valid sale
deeds and if at all the sale deeds were required to be held to be illegal
for any reason, the sale deeds ought to have been declared illegal in the
proceedings before the Civil Court. No such steps were taken by the
petitioners to assail the sale deeds, so as to prevent the benefits of the
sale deeds being enjoyed by Indo French, and more so in respect of
which further rights were created in favour of the Federal Bank by Indo
French.
6. On a query as made to the learned Counsel for the petitioners as
to what are the rights of the petitioners qua the lands in question, once
the petitioners had transferred their rights in such lands in favour of
Indo French under registered sale deeds, learned Counsel for the
petitioners is unable to dispel the legal position that once the sale deeds
were executed certainly during the subsistence of the sale deed, no
rights in law could have been claimed by the petitioners. If that be the
position, once no legal rights could be asserted by the petitioners, the
petitioners certainly cannot maintain the present petitions asserting
rights in respect of the lands in question. In any event, in my opinion,
-------------------------
19 January, 2023
pvr 8-9-wp9966-14-wp9971-14-wp9969-14.odt
the sale deeds are of the year 1993, much water has flown under the
bridge after the sale deeds were executed, namely that Indo French had
obtained loans from the Federal Bank by mortgaging the said lands, at
which point of time the petitioners had no quarrel. Subsequently, there
are proceedings initiated by the Federal Bank before the Debt Recovery
Tribunal for recovery of the amounts under the defaulted loan, the lands
in question are subject of such recovery proceedings. At the same time,
the winding up proceedings of Indo French Enterprises were initiated.
Even if the petitioners intervene in such proceedings, the petitioners
would be required to point out their legal rights in respect of such lands,
more particularly when the sale deeds have not been declared null and
void by any competent forum.
7. For the above reasons, no fault can be found in the observations as
recorded by the Maharashtra Revenue Tribunal in allowing the revision
applications filed by the Federal Bank.
8. In my opinion, no case whatsoever, even remotely, has been made
out by the petitioners either on any legal rights or any other rights to
assail the orders passed by the Tribunal. The petitions are devoid of
merit. They are accordingly rejected. No costs.
[G.S. KULKARNI, J.]
-------------------------
19 January, 2023
