As per case facts, the original Watandar, Tatya Khandu Khadtale, conditionally sold Watan land to Shantabai Khadtale in 1958. Following the implementation of the Abolition Act in 1959 and the ...
No Acts & Articles mentioned in this case
WP.4414.2002+.doc
HARSHADA H. SAWANT
(P.A.)
ININ THETHE HIGHHIGH COURTCOURT OFOF JUDICATUREJUDICATURE ATAT BOMBAYBOMBAY
CIVIL APPELLATE JURISDICTIONCIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4414 OF 2002
WITH
CIVIL APPLICATION NO.585 OF 2016
IN
WRIT PETITION NO.4414 OF 2002
Ushabai Bhimrao Chavan
(since deceased) through her heirs
Hemantkumar Bhimrao Chavan and Ors. ..Petitioners
Versus
Ganpat Tatya Khadtale and Ors. ..Respondents
....................
Mr. Rameshwar Gite a/w. Ms. Siddhi Dawne, Advocates for
Petitioners.
Mr. Vimal Sanghavi, Advocate for Respondent No.1.
Mr. Purushottam G. Chavan a/w. Mr. Sachin S. Padaye, Advocates
for Respondent Nos.5 and 6.
Mr. P. G. Sawant, AGP for Respondent Nos.7 and 8.
...................
CORAM:MILIND N. JADHAV, J.
DATE:JUNE 08, 2026
JUDGEMENT :
1. Heard Mr. Gite, learned Advocate for Petitioners; Mr.
Sanghavi, learned Advocate for Respondent No.1; Mr. Chavan, learned
Advocate for Respondent Nos.5 and 6 and Mr. Sawant, learned AGP
for Respondent Nos.7 and 8.
2. Present Writ Petition is heard finally today. It was admitted
in 2002. Three sets of parties are contesting the present Petition.
Petitioners are the legal heirs of Ushabai Bhimrao Chavan. Respondent
No.1 is Ganpat Tatya Khadtale, the principal contesting Respondent
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whereas Respondent Nos.5 and 6 are the Taskar family members who
have purchased the subject land from Petitioners in the year 2005.
Prima facie Petitioners have no locus since they have sold the subject
land to Respondent Nos.5 and 6. Mr. Gite represents the Petitioners
whereas Mr. Chavan espouses the cause of Respondent Nos.5 and 6.
Hence Respondent Nos.5 and 6 are the interested parties. Rest of the
parties are proforma parties. The facts in the present case are
undisputed but are extremely relevant for adjudication of the present
lis between the parties. A word of caution needs to be noted herein
because all along parties have filed and contested
quasi-judicial
proceedings under the Maharashtra Land Revenue Code, 1966 seeking
entitlement on the basis of RTS proceedings and have raised several
disputed questions of facts which shall be dealt with in this judgment.
3. Briefly stated, subject land is described as old Survey
No.266/4-C, old Gat No.268 and new Gat No.295 admeasuring 2
Hectares 20 R situated in village – Sriramnagar, Taluka – Niphad,
District – Nashik. The subject land is admittedly a Watan Land
(referred to as ‘
subject land’). The subject land was granted to original
Watandar – Tatya Khandu Khadtale father of Respondent No.1 under
Section 23 of the Bombay Hereditary Offices Act, 1874 (for short ‘the
said Act’) for his services to the Society as a remuneration of the
Officiator. Tatya Khandu Khadtale sold the subject land to one
Shantabai Khadtale for Rs.300/- vide Sale Deed dated 05.05.1958 on
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the condition that if he returned back the purchase price of Rs.300/- to
the purchaser within five years, the ownership of the subject land will
revert back to the Watandar.
4. However in the year 1959, Tatya Khandu Khadtale expired.
During that time, Bombay Inferior Village Watan Abolition Act, 1958
(for short ‘the Abolition Act’) came into force and it was made
applicable to the District – Nashik with effect from 1
st
February – 1959.
By virtue of the Abolition Act, Watans were abolished and such Watan
lands were resumed by the State Government. However there was a
provision for re-grant of the Watan land to the Watandar and to
nobody else. In this case original Watandar expired in the year 1959
and his family members were not in a position to apply for re-grant.
Rather it is Respondent No.1’s case that he was a minor in 1959.
However, record shows that Tahsildar – Niphad re-granted the subject
land to Shantabai Khadtale vide re-grant order dated 17.12.1963 on
new impartible and inalienable tenure.
5. Thereafter said Shantabai Khadtale made an Application to
Collector, Nashik requesting him to convert the user of the land to old
tenure and grant her permission to sell the same under the Abolition
Act. On her Application, Tahsildar – Niphad converted the user of
subject land into old tenure vide order dated 16.07.1967, by virtue of
which Shantabai was in position to deal with subject land. On the very
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same day, Shantabai Khadtale sold the subject land to Gopinath B. Sali
and it was thereafter further resold to P. P. Bhanushali.
6. The original Watandar - Tatya Khandu Khadtale was
survived by his wife and son. His son is Respondent No.1 in the
present Petition. When he became major in the year 1976, he made an
Application to the Collector seeking re-grant of the subject land in
accordance with the provisions of the Abolition Act on the ground that
the re-grant order could only be granted in favour of the original
Watandar or his legal heirs and not in favour of third parties. He
apprised the Tahsildar that Shantabai Khadtale was a transferee of
Watan land on the basis of the conditional sale by his father and was
not original Watandar. The Tahsildar vide order dated 23.08.1978
held that transaction between original Watandar and Shantabai
Khadtale as invalid, ordered re-grant of the subject land to the original
Watandar / his legal heir on nominal penalty of Re.1/- and directed
eviction of P. P. Bhanushali who was at that time in possession of the
subject land.
7. P. P Bhanushali who was in possession of the subject land
filed statutory Appeal to challenge the order dated 23.08.1978 passed
by the Tahsildar before the Sub-Divisional Officer, Niphad, Nashik (for
short ‘SDO’). By order dated 01.08.1980, SDO allowed the Appeal and
directed restoration of possession of the subject land to P. P.
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Bhanushali.
8. Being aggrieved, Respondent No.1 – Ganpat Tatya Khadtale
filed Second Appeal No.49 of 1980 before the Collector, Nashik which
was considered as Revision proceeding. The Collector, Nashik by order
dated 23.03.1982 dismissed the Revision and upheld the order passed
by the SDO. Respondent No.1 – Ganpat Tatya Khadtale filed second
Revision before the Additional Commissioner, Nashik which came to be
allowed by order dated 23.03.1987. By this order, the original order
dated 23.08.1978 passed by Tahsildar was restored whereas the orders
dated 01.08.1980 passed by the SDO and order dated 23.03.1982
passed by the Collector were set aside. The Petitioners being aggrieved
filed Revision proceedings before the State. This Revision was allowed
by the State by order dated 17.02.1988 and order dated 23.03.1987
was set aside. Respondent No.1 – Ganpat Tatya Khadtale being
aggrieved filed Writ Petition No.4760 of 1988 in this Court. By order
dated 30.07.1996, this Court remanded back the matter to the State to
decide the Revision proceeding afresh by setting aside the order dated
17.02.1988. The State on remand by order dated 31.03.1997
dismissed the Revision proceeding. Being aggrieved, the present Writ
Petition maintains challenge to the order dated 31.03.1997 passed by
the State and also challenges the order dated 23.03.1987 passed by the
Additional Commissioner.
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9. The present Writ Petition is filed in the year 2002. It it was
admitted on 09.09.2002. The interim order was passed staying the
order dated 31.03.1997. Record shows that before the Petition was
filed, Mr. P.P. Bhanushali sold the subject land to Usha Bhimrao
Chavan. She filed the present Petition. Thereafter she expired and her
3 legal heirs are brought on record. In 2005, they sold the subject land
to Respondent Nos.5 and 6 i.e. the Taskar family members. Mr. Gite
and Mr. Chavan, learned Advocates representing the Chavan family
and Taskar family have made identical submissions.
10. In the above factual background of various
quasi-judicial
proceedings, Petitioners represented by Mr. Gite would contend that
though Shantabai was not the original Watandar, the transfer and sale
of Watan land by Tatya Khandu Khadtale to her by Sale Deed dated
05.05.1958 was effected after obtaining permission from the Collector.
He would argue that even before the sale permission was granted by
Collector, the original Watandar – Tatya Khandu Khadtale had already
made an Application to the Competent Authority seeking conversion of
the Watan land into old tenure. He would submit that sale of Watan
land by Tatya Khandu Khadtale to Shantabai Khadtale was legal and
valid and Mutation Entry No.4442 of 12.06.1958 was certified in
favour of Shantabai Khadtale and the said Shantabai paid Nazrana
amount to the Revenue Authorities pursuant to which sanad and
regrant order was issued to Shantabai on 17.12.1963.
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10.1. One of the strongest circumstance argued by Mr. Gite is that
the sale transaction between Tatya Khandu Khadtale the original
Watandar and Shantabai Khadtale was executed prior to enforcement
of the Abolition Act. He would submit that the sale transaction took
place in the year 1958 whereas the Abolition Act was implemented and
enforced with effect from 1
st
February 1959. He would submit that
sanad / re-grant order issued by the Collector on 17.12.1963 in favour
of Shantabai is still in subsistence and valid and it is not challenged by
Respondent No.1.
10.2. He would submit that by virtue of
quasi-judicial orders which
are passed subsequently namely order dated 23.03.1987 read with
order dated 31.03.1997 in effect cancel the sanad issued by the
Collector and
quasi-judicial Authorities do not have the power to effect
such cancellation. He would therefore submit that Shantabai will have
to be treated as the legal and juridical owner of the subject land unless
and until the sanad subsists and until it is cancelled by the Civil Court
in appropriate proceedings.
10.3. He would refer to and rely on the Bombay Land Revenue
Code, 1879 and more specifically provisions of Section 211 thereof to
contend that once sanad is granted by the Collector as an agent on
behalf of the State it cannot be revoked by higher
quasi-judicial
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Officers in Revision proceedings unless it is cancelled by a competent
Civil Court.
10.4. He would submit that the impugned order passed by the
State upholding the order of the Additional Collector is therefore
erroneous and illegal since the State does not have the Authority to
nullify the effect of the sanad granted in favour of Shantabai. He
would submit that sanad dated 17.12.1963 granted in favour of
Shantabai is a document of title on the basis of which Shantabai has
sold the subject land further to Gopinath B. Sali and he has further
sold the subject land to P. P. Bhanushali and he has further resold the
subject land to Ushabai Bhimrao Chavan who has ultimately sold the
subject land to the Respondent Nos.5 and 6 (Taskar family).
10.5. He would submit that Respondent No.1 – Ganpat Tatya
Khadtale was fully aware about this fact and therefore he chose not to
file Suit in the Civil Court. He would submit that the Civil Suit would
have been time-barred after issuance of re-grant in favour of Shantabai
under the Abolition Act after following due process of law.
10.6. He would submit that Petitioners predecessor Usha B.
Chavan entered into transaction with P. P. Bhanushali only after
confirming the fact that sanad was granted in favour of Shantabai who
is the predecessor-in-title. He would submit that the Chavan family was
in possession of subject land as on date after having received
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possession from P. P. Bhanushali and their possession cannot be ousted
by virtue of
quasi-judicial orders. He would submit that order dated
23.03.1987 passed by Additional Commissioner directing eviction of P.
P. Bhanushali and the impugned order dated 31.03.1997 passed by the
State dismissing the Revision filed by Petitioners against order dated
23.03.1987 therefore be upheld.
11. Case of the Petitioners is vehemently opposed by Respondent
No.1 namely Ganpat Tatya Khadtale duly represented by Mr. Sanghavi.
However, before I proceed with recording submissions made by Mr.
Sanghavi, it is seen that Respondent Nos.5 and 6 namely the Taskar
family who are the present holders of the subject Watan land are
supporting the Petitioners. It is seen that during pendency of Writ
Petition, Respondent Nos.5 and 6 purchased the subject property from
Petitioners for valuable consideration.
11.1. Mr. Chavan, learned Advocate represents and espouses the
cause of Respondent Nos.5 and 6 namely the Taskar family members.
He would submit that Respondent Nos.5 and 6 entered into Agreement
with Petitioners with regard to subject property during pendency of the
Petition after complying with all due diligence. He would submit that
Respondent Nos.5 and 6 have executed registered Sale Deed dated
24.10.2005 with Petitioners for Sale consideration of Rs.9,51,000/-
and after paying the said consideration to Petitioners they have been
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put into possession of the subject land.
11.2. He would submit that from the year 2005 onwards
Respondent Nos.5 and 6 have been in continuous undisturbed
possession of the subject land. He would submit that pendency of the
present Petition was not to the knowledge of Respondent Nos.5 and 6
and it is only in the year 2019 when Respondent Nos.5 and 6 received
notice of pendency of the present Writ Petition from the Court that
they became aware of the present Writ Petition and were impleaded
thereafter.
11.3. He would adopt the submissions made by Mr. Gite and
submit that Respondent Nos.5 and 6 are
bonafide purchasers for value
who have paid substantial sums to the Petitioners for purchase of the
subject property. Mr. Chavan would submit that in order to perfect the
title of Petitioners and Respondent Nos.5 and 6, Court will have to
consider the fact that their predecessor-in-title Shantabai was issued a
re-grant order pursuant to which she paid the prescribed Nazrana
amount and was thereafter issued a re-grant order which is a sanad
under the Abolition Act.
11.4. He would submit that since the said re-grant order is in
subsistence and not challenged till date, same needs to be upheld
unless and until it is set aside by or in appropriate proceedings filed in
Civil Court. He would submit that Court cannot lose sight of the fact
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that Shantabai had paid occupancy rights / nazarana amount to the
extent of ten times of the occupancy rights pursuant to which tenure of
the subject property was converted from Watan land to old tenure. He
would submit that Mutation Entry No.5726 of 1963 was certified in the
Revenue record thereafter. He would submit that Respondent No.1
has suppressed the fact that the re-grant order has not been
challenged till date and therefore contend that impugned order dated
31.03.1997 passed by the State dismissing the Revision proceeding
filed by Petitioners be set aside and possession of Respondent Nos.5
and 6 be protected.
12. PER CONTRA, Respondent No.1 – Ganpat Tatya Khadtale
duly represented by Mr. Sanghavi has taken me through the gamut of
the factual proceedings before various Authorities delineated
hereinabove which for the sake of brevity are not repeated herein. His
principal submission is that it is not denied the Collector has granted
the re-grant order on 17.12.1963, but he would submit that the said
order is not granted in the name of Shantabai. He would submit that
name of the Watandar in the re-grant order has been kept as ‘blank’.
He would refer to and rely upon the compilation of documents and
papers placed on record,
inter alia, pertaining to the proceedings
before the Collector and draw my attention to the re-grant order
appended thereto. In the said re-grant order, he would draw my
attention to the portion where the re-grant order in the name of
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Watandar has been left as ‘blank’.
12.1. He would submit that the precise reason as to why said re-
grant order was not challenged by Respondent No.1 is because it was
never granted in favour of Shantabai. He would submit that in any
event re-grant order ought not to have been granted at all considering
the fact that Shantabai was not the original Watandar. He would
submit that the provisions of Abolition Act and more specifically sub-
Section (1) of Section 5 thereof contemplate issuance of re-grant order
in the favour of original Watandar. He would submit that original
Watandar in the present case was Tatya Khandu Khadtale and the
subject land is originally Class – VI – B Watan land granted to
Watandar under Section 23 of the said Act. He would submit that
under Section 7 of the said Act, such land granted as Watan land is
classified as ‘Inam land’ and it cannot be alienated or assigned to any
person without sanction of the State Government. In the present case
he would submit that the Watandar – Tatya Khandu Khadtale
borrowed Rs.300/- from Shantabai Khadtale and sold the land subject
to the condition that if he repays the amount borrowed from her, the
land would revert back to him.
12.2. He would submit that such alienation of Watan land by
Watandar is impermissible in law until and unless the sanction of the
State Government is accorded. He would submit that such alienation
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and transfer of the Watan land has no legal effect and is not bonafide
whatsoever to the person in whose favour the Watan land is alienated
or assigned to alienate the said land further. He would submit that
there are legal precedents which hold that alienation of Watan land in
contravention of provisions of Section 7 read with Section 23 of the
said Act is null and void
ab-initio and incapable of resulting in any
legal consequences.
12.3. He would submit that any Watan land, alienated, assigned
without sanction of the State Government is invalid in view of the
specific mandatory statutory provisions contemplated under Section 7
of the said Act. He would therefore submit that said Shantabai
Khadtale acquires no legal right whatsoever in respect of the Watan
land and therefore she was not a person capable of conferring or
transferring any legal right in the said land to any third person
thereafter. He would therefore submit that all further transfers of said
Watan land by Shantabai Khadtale to Gopinath B. Sali thereafter to P.
P. Bhanushali and thereafter to Ushabai B. Chavan become invalid. He
would therefore urge the Court to dismiss the Petition.
13. I have heard Mr. Gite, learned Advocate for Petitioners; Mr.
Sanghavi, learned Advocate for Respondent No.1; Mr. Chavan, learned
Advocate for Respondent Nos.5 and 6 and Mr. Sawant, learned AGP
for Respondent Nos.7 and 8 and with their able assistance perused the
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record of the case. Submissions made by them have received due
consideration of this Court.
14. As stated earlier, facts in the present case are undisputed.
However to put them in perspective, the same are required to be noted
in my findings herein.
15. Briefly stated, subject land namely old Gat No.268 and new
Gat No.295 situated in village – Sriramnagar, Taluka – Niphad, District
– Nashik was inferior village services Watan land which admittedly was
allotted rather granted to the father of Respondent No.1 namely Tatya
Khandu Khadtale under the provisions of the said Act. There is no
dispute about this admitted fact. Before I proceed further Section 7 of
the said Act needs to be noted. Section 7 of the said Act reads thus:-
“7. Watan property assigned under Section 23
1***
as remuneration of
an officiator, and the profits of watan property so assigned, shall not
be alienated or assigned to any person whatever without the sanction
of [the [State] Government].”
16. From the above, it is
prima facie seen that Watan property
once assigned as remuneration of Officiator which was so assigned to
Tatya Khandu Khadtale in the present case has an embargo to the
extent that it shall not be alienated or assigned to any person whatever
without the sanction of the State Government. The words ‘sanction of
the State Government’ were substituted for the previous words
‘Provincial Government’ by the Adaption of Laws Order, 1950. It is
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prima facie seen that there was a clear sanction and embargo if any
Watan property was required to be alienated or assigned.
17. In the present case on 05.05.1958, the Watandar entered
into a Sale Deed with Shantabai Gangadhar Khadtale presumably one
of his family member on the condition that on the payment of Rs.300/-
within a period of five years, the Watan land would revert back to him.
It is seen that in the year 1959, two important incidents occurred: (i)
on 01.02.1959, the Abolition Act came into force by virtue of which the
original Watandar was given a right to seek re-grant of the Watan land
by following the due process of law by making an Application under
Section 4(1) of the Abolition Act before the Competent Authority. (ii)
In the same year, Watandar – Tatya Khandu Khadtale expired.
18. Record shows that sometime in the year 1967, Shantabai
Gangadhar Khadtale made an Application before the Tahsildar seeking
conversion of land to old tenure. The Tahsildar determined the said
Application by order dated 16.07.1967, copy of which is placed before
me in the compilation of documents filed by the Tahsildar, Niphad
appended to Affidavit-in-Reply dated 11.12.2025 pursuant to the order
dated 02.12.2025 passed by this Court to place the Record and
Proceedings before the Court.
19. Perusal of that order,
prima facie shows that Shantabai
Gangadhar Khadtale represented to the Tahsildar / Competent
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Authority that she was holder of subject Watan land and therefore
under the provisions of Section 4 of the Abolition Act she needs to be
re-granted to her on the premise that she is Watandar. This specific
case of predecessor-in-title of the Petitioners is specifically stated in
paragraph No.1 of the order passed by Tahsildar / Competent
Authority dated 16.07.1967 which is the conversion order.
20. Before I proceed further with dissection of the above order, it
needs to be noted that Shantabai Khadtale represented that she is the
holder of the subject Watan land under the provisions of the said Act
and is therefore eligible to make an Application seeking re-grant under
Section 4 of the Abolition Act. This on the face on record is a false
assertion made by her.
21. Reading the said order further shows that Tahsildar /
Competent Authority has recorded further in unnumbered paragraph
No.2 of the said order that Watandar namely Shantabai Gangadhar
Khadtale has paid the assessment under Section 5(1) of the Abolition
Act and therefore she is entitled for re-grant. However the date on
which the said amount has been paid is left ‘blank’ to read as ‘__-__-
१९__’.
22. Reading the order further shows that under the said order,
the name of Shantabai which is appearing in paragraph No.1 of the
said order and in whose favour the said order is required to be passed
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has been kept as blank in line No.10 of the unnumbered paragraph
No.2. The said order further records that on the condition stated in
the said order, the re-grant has been effected in the name of holder of
the land.
23. Once this is the situation and more specifically so in the facts
and circumstances of the present case wherein the original transaction
dated 05.05.1958 between the original Grantee and Shantabai itself
being illegal since it lacked permission and sanction from the State
Government, the case of Petitioners who are subsequent purchaser of
the subject Watan land, cannot be accepted. On the face of record, the
order of re-grant is ambiguous as it clearly lacks clarity and more
specifically proceeds on the basis of completely false assertion made by
Shantabai Gangadhar Khadtale therein. Most importantly the said
order does not state the name of the person in whose name the re-
grant has been allowed on the face of record.
24. This is an important circumstance which cannot be lost sight
of. Merely because Shantabai Gangadhar Khadtale may have paid
Nazrana amount, she cannot and does not
ipso facto become the
holder and owner of subject Watan land. The holder of the subject
Watan land as on date of coming into effect of Abolition Act i.e.
01.02.1959 was Tatya Khandu Khadtale. Though said Tatya Khandu
Khadtale had transferred the subject land to Shantabai on the basis of
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a conditional sale, when Shantabai approached the Tahsildar in the
year 1967 seeking / conversion the fact whether the conditional sale
was fructified was
prima facie suppressed by her which is clearly
evident from what is recorded in the order dated 16.07.1967 alluded
to hereinabove.
25. In that view of the matter and considering the date of
transfer made by Watandar to Shantabai prior to coming into effect of
the Abolition Act on 01.02.1959, the holding of Shantabai
prima facie
becomes unauthorised and she therefore gets classified as an
unauthorised holder. Such unauthorised holder is defined in Section
2(x) of the the Abolition Act which reads thus:-
“2. Definitions:-
…
(x) “unauthorised holder” means a person in possession of a watan
land without any right or under a lease, mortgage, sale, gift or
any other kind of alienation thereof which is null and void under
the existing watan law”.
26. Application seeking re-grant of land presumed under Section
4 of the Abolition Act can only be made by the holder of the said land.
In this case, original Watandar expired in the year 1959. The re-grant
order in the present case passed under Section 5(1) of the Abolition
Act was infact granted wrongly treating Shantabai as the Watandar of
the subject land on her such misrepresentation and therefore the said
order being invalid had no force of law whatsoever to enable
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Shantabai to seek conversion to old tenure and deal with the Watan
land any further.
27. Further in view of the conditional sale merely because
Mutation Entry was effected in favour of Shantabai, right and
entitlement of the parties cannot be established on the basis of such
Mutation Entry. Once original sale transaction dated 05.05.1958
between original Watandar and Shantabai was itself illegal and void
ab-initio as per Section 7 of the said Act and Shantabai was neither the
Watandar nor the authorised holder within the meaning of Section
2(x) of the Abolition Act and no evidence being placed on record about
Shantabai having any hereditary interest in the Watan land and no
evidence being placed on record by Shantabai to show that she was
entitled to subject land as a Watandar, the case of Petitioners who are
successors-in-title to Shantabai have to fail.
28. In view of the above, the dismissal of Revision Application by
virtue of the order dated 31.03.1997 deserves to be upheld and orders
dated 23.03.1982 passed by Additional Commissioner and the
impugned order dated 31.03.1997 are both upheld and confirmed.
29. Resultantly, the order dated 23.08.1978 passed by the
Tahsildar is confirmed. Record of the case also shows that Petitioners
had filed Writ Petition No.2604 of 1997 to challenge the impugned
order dated 31.03.1997 which was withdrawn subsequently on
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26.02.1998. Thereafter the Petitioners filed the present Petition in the
year 2002 to assail the order dated 31.03.1997 once again.
30. Statutorily under Section 5 of the Abolition Act, the transfer
of Watan land is prohibited without sanction of the State Government.
After the 5 year period lapsed, Shantabai did not take appropriate legal
steps to fructify her title by seeking declaration from Civil Court. She
quietly assumed herself to be the Watandar of the subject land and
made a false application for conversion and sold the subject land.
These surreptitious acts of Shantabai are contrary to the statutory
provisions of the Bombay Hereditary Offices Act, 1874 and the
Abolition Act, 1959. Hence there are twin embargos in the present
case namely under Section 5 of the Abolition Act and under Section 7
of the said Act which were admittedly not complied with when sale
dated 05.05.1958 took place between the original Watandar and
Shantabai Gangadhar Khadtale.
31. However, in view of the aforesaid observations and findings,
case of Petitioners who are subsequent purchasers of Watan land
cannot be accepted or allowed since their right in the subject land
derivated to them from Shantabai who was not the original Watandar
of the subject land cannot be accepted by the Court.
32. Any future and further transaction carried out by Shantabai
on the basis of the conversion order dated 16.07.1967, copy of which
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is placed before the Court cannot be accepted as legal by the Court.
33. In that view of the matter, Petition has to fail. The order
dated 31.03.1997 is upheld and confirmed. No costs.
34. In view of dismissal of Petition, interim relief stands vacated
forthwith.
35. All parties are directed to act on server copy of this
judgement downloaded from Bombay High Court website.
36. Writ Petition is disposed as dismissed. In view of dismissal
of Writ Petition, pending Civil Application is also disposed.
[ MILIND N. JADHAV, J. ]
37. After judgement is pronounced, Mr. Gite requests the Court
to continue the interim relief. However in view of the observations and
findings rendered in the above judgement and the fact that Petitioners
are no longer in possession of the subject lands and they having
created third party rights in favour of Taskar family, the request made
by Mr. Gite stands rejected.
38. After the above order is dictated, one Mr. Padaye, learned
Advocate present in Court informs the Court that he is holding for Mr.
Chavan and persuades the Court to stay the present judgement. Mr.
Padaye was present alongwith Mr. Gite all along and standing next to
him since inception but did not make the request alongwith Mr. Gite.
21 of 22
WP.4414.2002+.doc
Be that as it may, in view of aforesaid findings and observations, I am
not inclined to accept the request made by Mr. Padaye. His request for
stay is rejected.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
22 of 22
HARSHADA
HANUMANT
SAWANT
Digitally signed
by HARSHADA
HANUMANT
SAWANT
Date:
2026.06.08
20:36:11
+0530
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