Bombay High Court
Jagannath Kusaji Sawant vs The State Of Maharashtra And Ors on 22 January, 2020
Author: Pradeep Nandrajog
Bench: Pradeep Nandrajog
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2759 OF 2011
Jagannath Kusaji Sawant .. Petitioner
Versus
The State of Maharashtra & ors .. Respondents
WITH
CIVIL APPLICATION NO. 1885 OF 2019
IN
WRIT PETITION NO. 2759 of 2011
The Joint Secretary to Govt.
Revenue and Forest Dept .. Applicant
Versus
Jagannath Kusaji Sawant .. Respondents
WITH
WRIT PETITION NO. 13353 OF 2016
Robert Marsalin Dias and ors .. Petitioners
Versus
The State of Maharashtra through
Secy, Ministry of Revenue & Forest Dept .. Respondents
WITH
CIVIL APPLICATION NO. 448 OF 2019
IN
WRIT PETITION NO. 13353 of 2016
The Joint Secretary to Govt.
Revenue and Forest Dept .. Applicant
Versus
Robert Marsalin Dias and ors .. Respondents
WITH
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WRIT PETITION ST NO.35866 OF 2018
Jiten Girishbhai Patel & Ors .. Petitioners
Versus
The State of Maharashtra through
Secy, Ministry of Revenue & Forest Dept .. Respondents
WITH
WRIT PETITION NO.13488 OF 2017
Suresh Hareshwar Naik and ors .. Petitioners
Versus
The State of Maharashtra through
Secy, Ministry of Revenue & Forest Dept .. Respondents
...
Mr.Sumit Kale for the petitioner in WP No. 2759/2011.
Mr.Vedchetan Patil with Sunil Kaushik, Karan Khiani for the
petitioner in WP 13353/16 and WP St No. 35866/2018 and WP
No. 13488/17.
Mr. B.V. Samant, AGP for the State in WP 2759/2011 and
applicant in CAW 1885/2019.
Mr.M.M. Pabale, AGP for the State in WP No.13353/16 and
applicant in CAW No.448/19 and WP St No.35866/18.
Mr.Rehan R. Momin with Rajani Bhor I/b MRK Associates for
respondent no.8 in WP 13353/16
Mr.R.S. Datar for respondent no.3 in WP 2759/11.
CORAM: PRADEEP NANDRAJOG, C.J.
ND BHARATI DANGRE, J.
DATED : 22 nd JANUARY, 2020.
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P.C:-
1 Writ Petition St. No.35866 of 2018 not on board.
Taken on board.
2 With consent of learned counsel for the parties, we
have heard arguments for final disposal of the captioned writ petitions.
3 A Government Resolution dated 30th July 2010 No.DEV-2010/Pr.Cr.9/L-4 issued by the Department of Revenue and Forest, Mantralaya read with corrigendum dated 29 th June 2011 bearing No. DEV-2010/Pr.No.9/L-4 fall for consideration.
4 Vide Government Resolution dated 30th July 2010 recording that after independence inam/vatne/jehagiri came to be abolished but not the Inam of the devasthan, the G.R. records that it was expected that out of such inam lands the expenses of the devasthan would be incurred. It records that to further this object i.e. the devasthans to generate revenue from the inam lands, the revenue chargeable on such lands was exempted in its entirety or in part. It notes that complaints were received by the Government that such inam lands, exempted fully or partly from land revenue, were transferred. Though not expressly recorded in the G.R, implicit is the fact that the transferees would be utilizing the land including whatever could be monetized therefrom Tilak ::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 00:40:37 ::: 4/6 3 WP 2759-11.doc without paying any land revenue and the object for which land revenue was exempted would be frustrated.
5 The G.R therefore directs the Collectors to gather information regarding transfers of land made by Devasthans. All Tahshildars have been directed to colate the information as per Taluka Form No.3 as also from the Land Alienation Register. This direction is to enable such entries which exists in the land alienation register to be verified. The G.R. prescribes the format as per which the information has been tabulated. The G.R. directs that after the information is tabulated each mutation entry should be microscopically examined. It records that wherever the transfer is without the necessary permission action as per law should be taken. The action contemplated is the cancellation of the mutation entries recording title in the name of the existing title holder.
6 The Government Resolution also records that since the tenancy Act is not applicable to the devasthan inam land, such land cannot be given on tenancy. The corrigendum is to the effect that said part be deleted from the G.R. dated 30th July 2010. Consequently, it also records that the sentence " in fact all these lands are class II category occupant" be also deleted and that the line "in case of violation of any terms and conditions the land be surrendered to the Government etc" be substituted with "in case Tilak ::: Uploaded on - 23/01/2020 ::: Downloaded on - 24/01/2020 00:40:37 ::: 5/6 3 WP 2759-11.doc of violation of any terms and conditions the land be reinstated to the name of devasthan"
7 Learned counsel for the parties are not at vairance on a very important facet of the dispute. Learned counsel concede that in the State of Maharashtra, two types of benefits are conferred upon the devasthan.
8 The first benefit conferred upon the devasthan is where right, title and interest in land is vested in the devasthan and to augment the resources of the devasthan there is an exemption in favour of the devasthan not to pay land revenue.
9 The second is where the land is vested in a third party with liability on the party to pay land revenue to the Government. Under Sanads, said land revenue is made receivable by the devasthans i.e. a right is conferred upon the devasthan to realize the land revenue with liability on the title holder to pay the land revenue to the devasthan.
10 Thus, it needs to be declared that while implementing the G.R. dated 30th July 2010 with the corrigendum dated 29 th June 2010 the Collectors would keep in mind the distinction between the two types of grants we have hereinabove referred to.
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11 This would mean that if there is a revenue grant
under an Indenture or a Sanad in favour of the devasthan with ownership of the land vested in a third party, the transfer by the third party would not vitiate the transfer for the reason the third party would continue to be liable to pay the land revenue but not to the State the land revenue would continue to be paid by the transferee and receivable by the devasthan. It is only in cases of a grant qualifying as a soil grant i.e. the title in the land vested in the devasthan with further right by way of exemption from paying the land revenue would the two G.Rs apply.
12 Learned counsel for the parties state that the declaration of the legal position by this Court would suffice and thus pray that the petitions may be disposed of granting the declaration as above requiring the Sub Divisional Officer or the Collector to strictly comply with the two Government Resolutions as have been interpreted hereinabove with declaration of the kinds of rights conferred upon the devasthan thereby affecting the applicability of the two Government Resolutions.
13 Ordered accordingly.
14 No costs.
SMT. BHARATI DANGRE, J CHIEF JUSTICE
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