Bombay High Court
Baban Kondu Shelar vs District Collector Pune on 13 August, 2025
Author: M. S. Karnik
Bench: M. S. Karnik, N. R. Borkar
2025:BHC-AS:35125-DB
4-wp 15973-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15973 OF 2023
Baban Kondu Shelar ... Petitioner
Versus
District Collector, Pune & Ors. ... Respondents
.............
Dr. Suneet Gupta for the Petitioner.
Mr. N. C. Walimbe, Addl GP a/w. Mr. V. G. Badgujar, AGP for the
Respondent-State.
CORAM : M. S. KARNIK AND
N. R. BORKAR, JJ.
DATED : 13th AUGUST, 2025.
ORAL ORDER (PER M. S. KARNIK, J.)
1. Heard learned counsel for the parties.
2. By this petition under Article 226 of the Constitution of India, the petitioner-protected tenant under the provisions of the Maharashtra Tenancy and Agricultural Lands Act, 1956 (the MTAL Act) seeks a direction to respondent No.1 to allow the petitioner to pay the arrears of land revenue in respect of land bearing Gat/Survey No. 62/4 (Old Survey No. 9/4), Brahamanwadi, Karanjgaon, Taluka Maval, District-Pune along with interest and penalty, if any, applicable and thereafter to release the attachment of the said land under Section 182 of the Maharashtra Land Revenue Code, 1966 (the MLRC). It is further prayed that suitable direction be issued to respondent No.3 subsequent to payment of arrears of land revenue and release of attachment of the said land and thereupon Amk 1/7 ::: Uploaded on - 14/08/2025 ::: Downloaded on - 14/08/2025 21:39:07 ::: 4-wp 15973-23.doc to act expeditiously on the petitioner's pending application under Section 32M of the MTAL Act and to pass final order thereon.
3. Without referring to the facts in detail, suffice it to mention that the petitioner is declared as a protected tenant before the Tillers Day. On account of the land owners' failure to pay the land revenue, the land was attached under the provisions of the MLRC by the Collector, Pune in July, 1958. The petitioner-protected tenant made an application to the Collector, Pune for releasing the attachment as the petitioner was willing to pay the arrears of land revenue and all outstanding amounts. The fact that the petitioner had made the application is reflected from the communication dated 15.10.2016 addressed to the Collector, Pune by the Tahsildar, Maval which is at page 62 of the paper-book.
4. By an order dated 25.10.2022, the Collector, Pune informed the petitioner that since the land owner made an application for releasing the attachment in terms of provisions of Section 182(5) of the MLRC, it is not possible to entertain the application made by the petitioner dated 16.09.2022.
5. Then there is an application dated 24.02.2021 made by the petitioner to the Tahsildar, Maval for releasing the attachment.
6. Suffice it to observe, as can be seen from the application dated 24.02.2021, it is the petitioner's request that the attachment over the subject property be released as the petitioner is willing to pay the outstanding arrears of land revenue along with interest and penalty etc. Amk 2/7 ::: Uploaded on - 14/08/2025 ::: Downloaded on - 14/08/2025 21:39:07 ::: 4-wp 15973-23.doc
7. Mr. Walimbe, learned Additional Government Pleader submitted that it is only the land owner who can make an application for releasing the attachment under the provisions of the MLRC and such an application at the instance of the tenant cannot be entertained though the tenant is willing to pay the outstanding of arrears of land revenue.
8. In this context, we need to refer to some of the provisions of the MLRC. Under Chapter XI of the MLRC, in terms of Section 168, in case land in possession of the tenant is that under the relevant tenancy law, in such a case, the tenant shall be primarily liable to the State Government for payment of land revenue including all arrears of land revenue due in respect of the land.
9. Sub-section 2 of Section 168 provides that,
168. Liability for land revenue.- (1) .......
(2) In case of default by any person primarily liable under this Section, the land revenue including arrears aforesaid, shall be recoverable by any person in possession of the land:
Provided that, where such person is a tenant, the amount recoverable from him shall not exceed the demands of the year in which the recovery is made.
10. In terms of Section 173, any land revenue due and not paid on or before the prescribed dates becomes therefrom an arrear, and the persons responsible for it under the provision of Section 168 or otherwise become defaulters.
11. Section 174 contemplates penalty for default of payment of land Amk 3/7 ::: Uploaded on - 14/08/2025 ::: Downloaded on - 14/08/2025 21:39:07 ::: 4-wp 15973-23.doc revenue. In the present case, it is material to refer to the provisions of Section 182 of the MLRC which
182. Power to attach defaulter's immovable property and take it under management.-
(1) If the Collector deems it inexpedient to adopt any of the processes specified in the foregoing provisions for recovery of arrears, [he shall, in case where the immovable property belongs to a person belonging to a Scheduled Tribe, and in any other case, he may,] cause the immovable property of a defaulter to be attached and taken under the management of himself or any agent whom he may appoint for that purpose.
(2) The Collector or the agent so appointed shall be entitled to manage the lands attached and to receive all rents and profits accruing therefrom until the Collector restores the defaulter to the management thereof.
(3) All surplus profits of the land attached, beyond the cost of such attachment and management, including the payment of the current revenue, shall apply in defraying the arrears due in respect of such lands.
(4) The land so attached shall be released from attachment and restored to the defaulter on his making an application to the Collector for that purpose at any time within twelve years from the date of attachment -
(a) if at the time that such application is made it appears that the arrear has been liquidated; or
(b) if the defaulter is willing to pay the balance, if any, still due by him, and shall do so within such period as the Collector may specify in that behalf.Amk 4/7 ::: Uploaded on - 14/08/2025 ::: Downloaded on - 14/08/2025 21:39:07 :::
4-wp 15973-23.doc (5) If no application be made for the restoration of the land within twelve years, or if, after such application has been made, the defaulter fails to pay the balance, if any, still due by him within the period specified by the Collector in this behalf, the Collector may sell the right, title and interest of the defaulter in the land without prejudice to the encumbrances created prior to the attachment of the land; and shall make over the sale proceeds to the defaulter after deducting therefrom the sum due to the State Government and expenses of the sale.
12. It would thus be seen that in terms of sub-section 4 of Section 182, the land so attached shall be released from attachment and restored to the defaulter on his making application an application to the Collector for that purpose at any time within twelve years from the date of attachment. In the present case, the petitioner-protected tenant has to be regarded as a defaulter. The application was not made for releasing the attachment within twelve years. The consequence of not making application under sub-section 4 of Section 182 within twelve years has been provided in sub-section 5 of Section 182. Now that the application has been made and the petitioner-protected tenant is willing to pay the balance within the period as may be specified by the Collector, there is no impediment for the Collector to consider such an application made by the petitioner-tenant in accordance with sub-section 5 of Section 182. Admittedly, the Collector has not sold the right, title and interest of the defaulter in the land.
13. We are not impressed that the submission of learned AGP that it is only the land owner who can make an application for payment of the Amk 5/7 ::: Uploaded on - 14/08/2025 ::: Downloaded on - 14/08/2025 21:39:07 ::: 4-wp 15973-23.doc arrears of land revenue in terms of Section 182 as we find that the provisions permit even the defaulter to make the payment. So far as the inter se right to the land owner and the tenants are concerned, the same obviously is a matter between the land owner and tenant which can be agitated in accordance with law if the occasion so arises.
14. In such view of the matter, in our opinion, the ends of justice would be met if the petitioner is permitted to make a comprehensive application to the Collector for releasing the attachment over the land, as an undertaking is given by the learned counsel for the petitioner on instructions that the petitioner is willing to pay the balance with due and payable by him along with interest and penalty being arrears of land revenue within such time as the Collector be directed. Such application for restoration under sub-section 5 be made within a period of four weeks from today. The application shall be made to the Collector/Competent Authority in terms of sub-section 5 of Section 182 in accordance with rules, guidelines as may be prescribed for this purpose. Within the period of four weeks therefrom, the Collector/Competent Authority shall inform the petitioner the details of arrears of land revenue and balance amount which the petitioner has to pay to the Revenue. Within four weeks therefrom, on instructions, the petitioner undertakes to pay the amount as determined by the Collector. On payment of such amount, appropriate orders shall be passed by the Competent Authority for releasing the attachment.
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15. It is then open for the petitioner to make an application for issuance of Section 32M Certificate which application shall be processed expeditiously in accordance with law.
16. The writ petition is disposed of.
(N. R. BORKAR, J.) ( M. S. KARNIK, J.) Amk 7/7 ::: Uploaded on - 14/08/2025 ::: Downloaded on - 14/08/2025 21:39:07 :::