Document Fragment View

Matching Fragments

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 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. 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.