As per case facts, petitioners challenged orders from revenue authorities that determined tenancy purchase price for other parties, claiming they were the rightful purchasers through a registered agreement and power ...
WP-12947-2016.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 12947 OF 2016
Naresh Kesarimal Mehta & Anr. … Petitioners
V/s.
Shardabai Ganesh Oze
(Since Deceased Through LRs.) & Ors. … Respondents
WITH
WRIT PETITION NO. 6409 OF 2018
Naresh Kesarimal Mehta & Anr. … Petitioners
V/s.
Shardabai Ganesh Oze
(Since Deceased Through LRs.) & Ors. … Respondents
Mr. Atul Damle, Sr. Adv. with Mr. Samir Suryawanshi
for the Petitioner in WP/12947/216.
Mr. Prasad Dani, Sr. Adv. i/by Mr. Samir Suryawanshi
for the Petitioner in WP/6409/2018.
Mr. Ashutosh Kulkarni a/w Mr. Hrutik R. Chavan i/by
Mr. Akshay Kulkarni for the Respondent No. 1 in both
the Petitions.
Mr. S. G. Karandikar i/by Mr. J.M. Joshi for the
Respondent No. 2 to 13 in WP/6409/2018.
Mr. S. G. Karandikar i/by Mr. Amol Mhatre for the
Respondent No. 2 to 13 in WP/12947/2016.
Ms. A. A. Nadkarni, AGP for the Respondent No. 16 &
17 in WP/12947/2016.
Smt. V. R. Raje, AGP for the Respondent No. 20 & 21 in
WP/6409/2018.
1
SHABNOOR
AYUB
PATHAN
Digitally signed
by SHABNOOR
AYUB PATHAN
Date: 2026.08.31
11:54:53 +0530
WP-12947-2016.doc
CORAM :AMIT BORKAR, J.
RESERVED ON :AUGUST 24, 2026
PRONOUNCED ON:AUGUST 31, 2026
JUDGMENT:
1.The Petitioners in Writ Petition No.12947 of 2015 have filed
the present Writ Petition challenging the order dated 29 March
2016 passed by the learned President of the Maharashtra Revenue
Tribunal, Mumbai. By the said order, the learned Tribunal
dismissed the Revision Application filed by the Petitioners and
confirmed the order dated 24 May 2012 passed by the Sub
Divisional Officer, Panvel Sub Division, in Tenancy Appeal No. 41
of 2011. The Petitioners challenge the order dated 22 February
2011 passed by the A.L.T., Panvel. The said order was confirmed
by the Sub Divisional Officer, Panvel Sub Division, by order dated
24 May 2012 in Tenancy Appeal No. 41 of 2011. In Writ Petition
No. 6409 of 2018 the Petitioners are challenging the impugned
order dated 7 March 2017 passed by the learned Member
(Administrative), Maharashtra Revenue Tribunal, Mumbai, as well
as the impugned order dated 12 May 2014 passed by the Collector,
Raigad.
2.The Petitioners in Writ Petition No.6409 of 2018 have filed
present Writ Petition challenging the order dated 7 March 2017
passed by the Maharashtra Revenue Tribunal, Mumbai thereby
dismissing the application filed by the Petitioners seeking
continuation of status quo order passed on 17 September 2014.
The learned MRT observed that since after permission under
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Section 43 of the Tenancy Act, Sale Deed is executed, and main
Revision is disposed of finally, the said application cannot be
granted.
3.For the sake of convenience, facts in Writ Petition No.12947
of 2016 are being taken as lead matter.
4.The dispute relates to agricultural land bearing old Survey
No. 16/4, admeasuring 12-29-00 H.R., with Pot Kharaba of 1-71-
00 H.R., now bearing Gat No. 219/4, situated at Village Shirdhon,
Taluka Panvel, District Raigad. Shri Ganesh Sadashiv Oze was the
original landlord of the suit land and became its owner. According
to the Petitioners, Respondent Nos. 2 to 15 were wrongly claiming
to be tenants in respect of the suit land. In the year 1964, the
predecessor of Respondent Nos. 2 to 15, namely Late Shri Gorya
Posha Vajekar, filed an application under Section 32-G of the
Bombay Tenancy and Agricultural Lands Act, 1948 before the
A.L.T., Panvel. An inquiry was held. The learned Tahasildar and
A.L.T., Panvel postponed the proceedings under Section 32-G on
the ground that the landlady was a widow and,, determination of
the purchase price was required to be postponed. Thereafter, Shri
Gorya Posha Vajekar died. His legal heirs, namely Balya Gorya
Vajekar and others, were entered in the revenue record by
Mutation Entry No. 1587., Balya Gorya Vajekar died and the
present Respondents, including Mahadeo Balu Vajekar and others,
were entered in the revenue record as his legal heirs. On 3 October
2006, Shri Ashish Chandrakant Shah and Smt. Aparna Ashish Shah
executed a Power of Attorney in favour of Shri Dilip Shankar
Pawar. On 17 August 2006, one Mahadu Nathu Vajekar filed an
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application before the learned Tahasildar, Panvel, on behalf of
Respondent Nos. 2 to 15 under Section 70(b) of the Bombay
Tenancy and Agricultural Lands Act, 1948.
5.Before filing the said application under Section 70(b), an
application had been filed by Mahadu Nathu Vajekar for deletion
of the names of the alleged tenants, namely Respondent Nos. 2 to
15, from the revenue record. According to the Petitioners, their
names had been wrongly entered as tenants. On 29 March 2007,
Respondent Nos. 1 to 5, namely Ragh Ganpat Vajekar, Paduо
Ganpat Vajekar, Namdev Ganpat Vajekar, Smt. Changuna
Sakharam Patil and Smt. Nanubai Ankush Bhoir, along with Smt.
Kalubai Anand Bhopi, executed a Power of Attorney in favour of
Shri Ashish Chandrakant Shah, Smt. Aparna Ashish Shah and Shri
Vishwanath Bala Kotian. According to the Petitioners, because of
the subsequent Power of Attorney dated 29 March 2007, the
earlier Power of Attorney dated 3 October 2006 executed by Shri
Ashish Chandrakant Shah in favour of Shri Dilip Shankar Pawar
was without authority. It is contended that Shri Dilip Shankar
Pawar had no authority to appear and contest the proceedings
before the A.L.T., Panvel.
6.The learned A.L.T. and Tahasildar, Panvel, issued notices to
the concerned parties and fixed the hearing on 24 August 2006.
During the pendency of the application before the Tahasildar,
Panvel, notices under Section 32-G were issued by the A.L.T. and
Tahasildar, Panvel. On 7 July 2010, the present Respondent Nos. 2
to 13 filed an application or representation under Section 32-G of
the Bombay Tenancy and Agricultural Lands Act, 1948 before the
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Additional Tahasildar and A.L.T., Panvel. They sought
determination of the purchase price in respect of the suit land
against Respondent No. 1. Notices were issued to the concerned
parties in the tenancy proceedings. During the inquiry, the Power
of Attorney holder of Smt. Shardabai Ganesh Oze, namely Shri
Jitendra C. Vyas, raised an objection. According to the Petitioners,
the inquiry was completed, but the statements of the parties were
not recorded by the A.L.T. The Petitioners contend that the order
dropping the proceedings and Mutation Entry No. 770 were never
challenged by Respondent Nos. 2 to 13. According to the
Petitioners, the effect of those proceedings was that the purchase
price of Respondent Nos. 2 to 13 was not determined, and they
could not be declared tenants in respect of the suit land in the
revenue record.
7.On 22 February 2011, while the application under Section
70(b) was pending, the learned A.L.T., Panvel, conducted the
inquiry under Section 32-G and fixed the purchase price in favour
of Respondent Nos. 2 to 13. According to the Petitioners, this was
done without considering the merits of the matter, without
following the mandatory requirements of law and without properly
verifying the relevant records. Respondent No. 1, being aggrieved
by the order dated 22 February 2011 passed by the Additional
Tahasildar, filed an appeal before the Sub Divisional Officer,
Panvel. During the pendency of the appeal, the order dated 22
February 2011 passed by the Additional Tahasildar was stayed. The
Petitioners state that the learned SDO heard the appeal on merits.
On 4 July 2011, Respondent No. 1 filed detailed written
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submissions before the learned SDO. On 24 May 2012, the learned
SDO, Panvel, passed an order in Tenancy Appeal No. 41 of 2011
and dismissed the appeal filed by Respondent No. 1. According to
the Petitioners, both the order dated 22 February 2011 passed by
the A.L.T., Panvel, and the order dated 24 May 2012 passed by the
SDO are illegal and a nullity. The Petitioners contend that the
original application under Section 32-G dated 7 July 2010 was
filed by Shri Dilip Shankar Pawar as Power of Attorney holder,
although he had no valid authority to represent the concerned
parties.
8.It is contended that Shri Mahadu Balu Vajekar appeared
before the learned SDO, Panvel, as a Power of Attorney holder
even though the said Power of Attorney had been revoked and
cancelled by the Respondents. According to the Petitioners, notice
dated 5 July 2010 was issued to the Advocates and a public notice
dated 6 July 2010 was published in the newspaper regarding such
revocation. It is submitted that Shri Mahadu Balu Vajekar had no
legal authority to contest the proceedings before the learned SDO.
The Petitioners claim to be the original purchasers of the
properties bearing Survey Nos. 219/3, 219/1, 219/2 and 219/4
situated at Village Shirdhon, Taluka Panvel, District Raigad.
According to them, the properties were purchased from Smt.
Shardabai Ganesh Oze. The entire consideration was paid
pursuant to an Agreement for Sale which was registered with the
office of the Sub Registrar, Panvel, on 29 May 2007.
9.Respondent No. 1 filed a Revision Application before the
Maharashtra Revenue Tribunal challenging the order dated 22
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February 2011 passed by the A.L.T., Tahasildar, Panvel, and the
order dated 24 May 2012 passed by the Sub Divisional Officer,
Panvel. Earlier, Respondent No. 1 had filed Revision Application
No. 243 of 2012 before the Maharashtra Revenue Tribunal,
Mumbai, challenging the order dated 22 November 2011 passed
by the Additional Tahasildar, Panvel, and the order dated 24 May
2012 passed by the learned SDO, Panvel. On 18 June 2012, the
learned Maharashtra Revenue Tribunal admitted the said Revision
Application and granted stay.
10.The Petitioners state that they had entered into an
Agreement of Assignment dated 25 July 2006 with Mr. Wahid
Hussain H. Shaikh in respect of the subject land. According to the
Petitioners, they paid the entire consideration to Mr. Wahid
Hussain H. Shaikh and Smt. Shardabai Ganesh Oze. It is stated
that Mr. Wahid Hussain Shaikh had entered into a Memorandum
of Understanding with Respondent No. 1, Smt. Shardabai G. Oze,
and had rights in respect of the property. On that basis, the
Petitioners entered into the Agreement of Assignment dated 25
July 2006 with Mr. Wahid Hussain H. Shaikh and Smt. Shardabai
Ganesh Oze. The Petitioners state that they paid consideration to
all the Respondents, including those persons who were claiming to
be tenants in respect of the suit land. According to the Petitioners,
Respondent Nos. 2 to 15 were claiming tenancy rights in respect of
the subject land. The Petitioners state that they entered into the
agreement with Mr. Wahid Hussain Shaikh and paid consideration
to Respondent Nos. 2 to 15. The Petitioners claim that they are
purchasers under the Agreement for Sale which was duly executed
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and registered with the office of the Sub Registrar, Panvel, on 29
May 2007. On this basis, they claim to have a lawful right to
challenge the orders passed by the A.L.T. and the Sub Divisional
Officer, Panvel.
11.On 25 June 2012, Respondent No. 1 sent a notice to the
Petitioners terminating the Agreement for Sale dated 20 May 2007
and the Power of Attorney dated 19 October 2006. The Petitioners
received the said notice and replied to it on 12 July 2012. In the
reply, they denied the allegations and contents of the notice.
12.In August 2012, the Petitioners filed Special Civil Suit No.
329 of 2012 before the Civil Judge, Senior Division, Panvel. They
filed an application below Exhibit 5 seeking an injunction under
Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. On 7
August 2012, the learned Civil Judge, Senior Division, Panvel,
issued notice to the Defendants and directed them to maintain
status quo in respect of the suit property. On 26 August 2013, the
Petitioners filed an application seeking intervention in the pending
Revision Application No. 243 of 2012 before the Maharashtra
Revenue Tribunal. On 18 November 2013, the learned
Maharashtra Revenue Tribunal heard the intervention application
and directed the Petitioners to serve the Respondents. Thereafter,
the Petitioners appeared before the learned Tribunal and contested
their application.
13.On 3 April 2014, according to the Petitioners, a General
Power of Attorney holder, namely Mrs. Savita K. Chopra,
surprisingly filed a pursis before the learned Maharashtra Revenue
Tribunal seeking withdrawal of the Revision Application without
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giving notice to the Petitioners. Since Mrs. Savita K. Chopra had
filed the pursis on 3 April 2014 claiming to act as the constituted
General Power of Attorney holder of Smt. Shardabai G. Oze and
seeking withdrawal of the Revision Application, the learned
Maharashtra Revenue Tribunal passed an order permitting her to
withdraw the Revision Application on the basis of the said Power
of Attorney. Against the order dated 3 April 2014, Shri J. C. Vyas,
claiming to be the Power of Attorney holder, filed Review
Application No. 2 of 2015 before the learned Maharashtra Revenue
Tribunal. On 18 June 2015, the learned Tribunal disposed of the
Review Application. The Tribunal observed that the deceased
Respondent No. 1 had allegedly executed the Power of Attorney in
favour of the Applicant, who was no more. On that basis, the
Tribunal held that the Review Application would not survive. The
Petitioners state that they had paid the entire consideration to
Respondent No. 1 and had a substantial interest in the property.
They rely upon the pendency of Special Civil Suit No. 329 of 2012
before the Civil Judge, Senior Division, Panvel, concerning the
subject land. On this basis, they claim to be interested and
aggrieved parties and state that they were entitled to challenge the
orders dated 24 May 2012 passed by the learned SDO in Tenancy
Appeal No. 41 of 2011 and the order passed by the A.L.T.
14.The Petitioners state that they had executed the registered
Agreement for Sale dated 29 May 2007 and an irrevocable Power
of Attorney dated 19 October 2006 and had invested a substantial
amount in the property.
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15.According to the Petitioners, they paid substantial
consideration to Smt. Shardabai Ganesh Oze, which was accepted
by her under the Agreement executed on 29 May 2007. They
contend that from 29 May 2007 until the Revision Application was
filed before the learned Maharashtra Revenue Tribunal, no person
had raised any objection to the Petitioners' claim. The Petitioners
apprehended that Smt. Shardabai Ganesh Oze might take steps to
defeat their rights in the property. They accordingly requested the
learned Maharashtra Revenue Tribunal to permit them to
prosecute the Revision Application pending before it. The
Petitioners contend that Respondent No. 1 was aware of the status
quo order passed by the Civil Judge, Senior Division, Panvel, in
Special Civil Suit No. 329 of 2012. According to the Petitioners,
despite such knowledge, Respondent No. 1 deliberately filed the
pursis dated 3 April 2014 seeking withdrawal of the Revision
Application. The Petitioners claim to be aggrieved by the said
withdrawal and sought to challenge the order dated 24 May 2012
passed by the learned SDO in Tenancy Appeal No. 41 of 2011 and
the order passed by the A.L.T.
16.The Petitioners filed Revision Application No. 147 of 2014
before the learned Maharashtra Revenue Tribunal, Mumbai. By
that Revision Application, they challenged the order dated 24 May
2012 passed by the Sub Divisional Officer, Panvel Sub Division, in
Tenancy Appeal No. 41 of 2011 and the order dated 22 February
2011 passed by the A.L.T., Panvel. The said Revision Application
was admitted by the learned Maharashtra Revenue Tribunal and
notices were issued to the Respondents, returnable on 4 July 2014.
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While admitting the Revision Application, the learned Tribunal
specifically observed that the arguments regarding the alleged
practice of fraud before the Court by Respondent No. 1 through
the Power of Attorney required careful scrutiny of the documents.
The Revision Application was heard by the learned Maharashtra
Revenue Tribunal from time to time. On 29 March 2016, the
learned Tribunal passed the impugned order dismissing Revision
Application No. 147 of 2014. The Petitioners, being aggrieved by
the impugned order dated 29 March 2016 passed by the learned
Maharashtra Revenue Tribunal, Mumbai, in Revision Application
No. 147 of 2014, have filed the present Writ Petition.
17.Mr. Damle, learned Senior Advocate appearing for the
Petitioners, submitted that both the orders dated 22 February 2011
passed by the A.L.T., Panvel, and 24 May 2012 passed by the
learned S.D.O., Panvel, are illegal and have no legal effect.
According to him, the original application under Section 32-G
before the learned A.L.T., Panvel, was filed on 7 July 2010 by Shri
Dilip Shankar Pawar as a Power of Attorney holder. However,
Respondent Nos. 1 to 6, namely Ragh Ganpat Vajekar, Paduо
Ganpat Vajekar, Namdev Ganpat Vajekar, Smt. Changuna
Sakharam Patil, Smt. Nanubai Ankush Bhoir and Smt. Kalubai
Anand Bhopi, had executed a Power of Attorney dated 29 March
2007 in favour of Shri Ashish Chandrakant Shah, Smt. Aparna
Ashish Shah and Shri Vishwanath Bala Kotian. It was submitted
that the authority under which Shri Dilip Shankar Pawar had acted
was not valid.
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18.Mr. Damle submitted that Respondent No. 1 had terminated
the Power of Attorney dated 29 October 2006 as well as the
Agreement for Sale dated 29 May 2007. He submitted that under
the Agreement dated 29 May 2007, the total consideration for the
land was Rs.1,60,00,000/-. Out of this amount, Smt. Shardabai
Ganesh Oze had accepted a Demand Draft of Rs.80,00,000/- and
Mr. Wahid Hussain Shaikh had accepted the remaining
Rs.80,00,000/- as the Confirming Party. It was submitted that Shri
J. C. Vyas, who was the Power of Attorney holder of Smt.
Shardabai Ganesh Oze, had filed Revision Application No. 243 of
2012 before the learned Maharashtra Revenue Tribunal, Mumbai,
and had obtained a stay order in that Revision Application.
19.Mr. Damle submitted that the Petitioners had paid the entire
consideration to Respondent No. 1 and had a substantial interest
in the property. He pointed out that Special Civil Suit No. 329 of
2012 concerning the same land was pending before the Civil
Judge, Senior Division, Panvel. According to him, the Petitioners
were interested and aggrieved parties and had a right to file a
Revision Application before the learned Maharashtra Revenue
Tribunal challenging the order dated 24 May 2012 passed by the
learned S.D.O. in Tenancy Appeal No. 41 of 2011 and the order
passed by the A.L.T. in Tenancy/SR/109A/2010, Panvel. He
submitted that the Petitioners had executed a registered
Agreement for Sale dated 29 May 2007 and an irrevocable Power
of Attorney dated 19 October 2006. On the basis of these
documents, they had invested a substantial amount in the
property.
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20.Mr. Damle submitted that the Petitioners had paid
substantial consideration to Smt. Shardabai Ganesh Oze and that
she had accepted the said amount pursuant to the Agreement
executed on 29 May 2007. According to the Petitioners, from 29
May 2007 until the filing of the Revision Application before the
learned Maharashtra Revenue Tribunal, nobody had raised any
objection to their transaction or their claim in respect of the
property. It was submitted that both the authorities below ought to
have given an opportunity of hearing to the Petitioners. According
to Mr. Damle, the authorities should have recorded the statements
of the Petitioners and all concerned persons, including the
Respondents, before passing any order. He submitted that such
procedure was mandatory under the law and that the orders
passed without following it could not be sustained.
21.Mr. Damle submitted that the learned S.D.O., Panvel Sub
Division, had himself accepted that on 1 April 1957 Respondent
No. 1 was a widow. According to him, in such circumstances, a sale
or purchase under Section 32-G of the Bombay Tenancy and
Agricultural Lands Act was not permissible at that stage. He
submitted that this important fact had not been properly
considered while deciding the matter. He submitted that the
learned S.D.O. failed to consider that Shri Mahadu Balu Vajekar
had contested the proceedings before the learned S.D.O., Panvel,
as a Power of Attorney holder even though the said Power of
Attorney had been revoked and cancelled. According to Mr. Damle,
notice of such revocation had been given through the Advocates'
notice dated 5 July 2010 and by a public notice published in the
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newspaper on 6 July 2010., according to him, Shri Mahadu Balu
Vajekar had no legal authority to appear and contest the
proceedings before the learned S.D.O.
22.Mr. Damle submitted that after termination of the Power of
Attorney dated 29 October 2006 and the Agreement for Sale dated
29 May 2007, the Petitioners filed Special Civil Suit No. 329 of
2012 before the Civil Judge, Senior Division, Panvel. In the said
suit, the learned Civil Judge passed an order directing the parties
to maintain status quo in respect of the property. The suit is still
pending for hearing. It was submitted that the original Applicant,
namely Smt. Shardabai G. Oze, appeared before the learned
Maharashtra Revenue Tribunal after the alleged termination of the
Power of Attorney and filed her Vakalatnama. According to Mr.
Damle, despite this, on 3 April 2014, Smt. Savita K. Chopra,
claiming to be the constituted General Power of Attorney holder of
Smt. Shardabai G. Oze, filed a pursis before the learned
Maharashtra Revenue Tribunal seeking withdrawal of the Revision
Application.
23.Mr. Damle submitted that although Mrs. Savita K. Chopra
was holding a General Power of Attorney from Smt. Shardabai G.
Oze, that Power of Attorney did not contain any clause authorising
her to withdraw the Revision Application or to pursue such
proceedings before the learned Maharashtra Revenue Tribunal. He
submitted that Mrs. Savita K. Chopra had no legal authority to file
the pursis dated 3 April 2014 seeking withdrawal of the Revision
Application. Consequently, according to him, the order passed by
the learned Maharashtra Revenue Tribunal permitting such
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withdrawal could not be sustained.
24.In Writ Petition No. 6409 of 2018 Mr. Dani, learned Senior
Advocate appearing for the Petitioner, submitted that the Petitioner
had filed a Revision Application challenging the order passed
under Section 32-G of the BTAL Act. He submitted that on 18 June
2012, the Revisional Authority had granted stay to the order
passed under Section 32-G. He submitted that once the order
passed under Section 32-G was stayed, the Authority under the
said Act could not have thereafter granted permission under
Section 43. According to him, such permission could not have been
issued when the order under Section 32-G itself was under stay. He
further submitted that the proceedings under Section 70-B of the
said Act and the proceedings under Section 32-G operate in
different fields. He submitted that, in the present case, the order
under Section 32-G was passed in proceedings which had arisen
from the proceedings under Section 70-B. According to him, the
scope and purpose of the proceedings under Section 70-B are
entirely different from those of proceedings under Section 32-G.
25.Mr. Dani submitted that the Revisional Authority could not
have dismissed the Revision Application on the ground that the
Petitioner had no locus. He submitted that the Petitioner was
claiming rights on the basis of an agreement for sale. The entire
consideration under the agreement had already been paid by the
Petitioner. He further submitted that the Petitioner had also
instituted a civil suit seeking specific performance of the
agreement. Therefore, according to him, the Petitioner had
sufficient interest in the property to challenge the order in
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question. He further submitted that the Revisional Authority could
not have recorded a finding that the Petitioner had not yet
perfected his title. According to him, the question whether the
Petitioner had acquired complete title could not have been used for
denying his locus to challenge the proceedings, particularly when
the Petitioner was claiming rights under the agreement for sale
and had already paid the entire consideration. He, therefore,
submitted that the impugned order passed by the Revisional
Authority suffers from an error and deserves to be quashed and set
aside.
26.Mr. Karandikar, learned Advocate appearing for the
Respondents, invited my attention to Section 64 of the
Maharashtra Tenancy and Agricultural Lands Act and submitted
that the said provision applies even at the stage of an agreement
for sale. He submitted that under sub-section (1) of Section 64,
when a landlord intends to sell any land, he is required to apply to
the Tribunal for determination of the reasonable price of such
land. After the price is determined, the agricultural land is
required to be first offered to the tenant who is in actual
possession of the land.
27.Mr. Karandikar submitted that the procedure prescribed
under Section 64 is mandatory. If a sale is made without following
the said procedure, sub-section (8) of Section 64 makes such sale
invalid. According to him,, the Petitioners cannot claim any legal
right merely on the basis of the Agreement for Sale executed in
their favour. He submitted that the Petitioners, only because they
have an Agreement for Sale in their favour, cannot claim any locus
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to challenge the order passed under Section 32-G. According to
him, the Petitioners do not have any vested right in the property
merely on the basis of the Agreement for Sale.
28.Mr. Karandikar submitted that unless the Petitioners obtain a
decree for specific performance of the Agreement for Sale from the
competent Civil Court, they cannot claim to be persons aggrieved
by the orders passed by the authorities under the Tenancy Act. In
his submission, the pendency of the suit or the existence of the
Agreement for Sale does not give the Petitioners any right to
challenge the orders under Section 32-G.
REASONS AND FINDINGS:
29.After hearing Mr. Damle and Mr. Dani, learned Senior
Advocate for the Petitioners, and Mr. Karandikar, learned Advocate
for the Respondents, and after considering the pleadings and the
orders passed by the authorities below, the first question which
arises is whether the Petitioners have sufficient interest in the
subject property to challenge the orders passed under Section 32-G
of the Bombay Tenancy and Agricultural Lands Act.
30.The Respondents oppose the Petitioners' right to challenge
the orders on the ground that the Petitioners were not parties to
the original tenancy proceedings. According to the Respondents,
the Petitioners are relying only upon an Agreement for Sale. Their
case is that unless the Petitioners obtain a decree for specific
performance from the Civil Court, they cannot claim to be persons
aggrieved by the order passed under Section 32-G.
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31.This submission cannot be accepted. It is true that an
Agreement for Sale does not make a person the owner of the
property. It is true that a person having only an Agreement for Sale
cannot claim all the rights of an owner. But the question here is
different. What has to be seen is whether the Petitioners have a
legally recognisable interest in the property and whether the order
passed under Section 32-G affects that interest.
32.In Adi Pherozshah Gandhi v. H.M. Seervai (1970) 2 SCC 484,
the Supreme Court observed in paragraph 46:
“46. Generally speaking, a person can be said to be aggrieved
by an order which is to his detriment, pecuniary or otherwise
or causes him some prejudice in some form or other.”33.Thus, the main thing to be seen is whether the impugned
order causes real prejudice. A person cannot be required in every
case to first obtain a declaration of ownership before he can show
that the order affects his interest.
34.The same principle is found in Baldev Singh v. Surinder
Mohan Sharma (2003) 1 SCC 34
. In paragraph 15, the Supreme
Court observed:
“A person aggrieved to file an appeal must be one whose
right is affected by reason of the judgment and decree sought
to be impugned.”
35.Therefore, the nature of the right and the effect of the order
on that right have to be seen. The above principle cannot be read
to mean that only an absolute owner can challenge an order
concerning the property.
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36.The decision in A. Subash Babu v. State of A.P (2011) 7 SCC
616
requires consideration. The Supreme Court has held that the
expression “aggrieved person” does not have one fixed meaning.
The Court observed:
“The expression ‘aggrieved person’ denotes an elastic and an
elusive concept. It cannot be confined that the bounds of a
rigid, exact and comprehensive definition. Its scope and
meaning depends on diverse, variable factors such as the
content and intent of the statute of which contravention is
alleged, the specific circumstances of the case, the nature
and extent of the complainant's interest and the nature and
extent of the prejudice or injuries suffered by him.”
37.Therefore, the Court has to look at the facts of the particular
case. The documents relied upon by the Petitioners, the
consideration paid by them, the nature of their transaction, the
pending civil proceedings and the effect of the tenancy orders are
relevant while deciding this question. In the present case, the
Petitioners rely upon a registered Agreement for Sale dated 29
May 2007. They state that the total consideration was
Rs.1,60,00,000/- and that the entire amount was paid. According
to them, Rs.80,00,000/- was received by Smt. Shardabai Ganesh
Oze and Rs.80,00,000/- was received by Mr. Wahid Hussain
Shaikh as the Confirming Party. The Petitioners rely upon the
Power of Attorney dated 19 October 2006. They state that after
the Agreement for Sale was terminated, they filed Special Civil
Suit No.329 of 2012 before the Civil Judge, Senior Division,
Panvel. The said suit is still pending. There is an order passed by
the Civil Court directing the parties to maintain status quo in
respect of the suit property., while considering the question of
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locus, the Petitioners' claim cannot be treated as a claim having no
connection with the property.
38.The submission of the Respondents that the Petitioners must
first obtain a decree for specific performance cannot be accepted as
an absolute rule. The Petitioners have filed a suit in which they are
seeking enforcement of the transaction relied upon by them.
Whether they will succeed in that suit is a matter for the Civil
Court. This Court cannot assume at this stage that the Petitioners
will fail in that suit. The question is whether the impugned
tenancy order affects the Petitioners. If Respondent Nos.2 to 13 are
declared purchasers under Section 32-G and the purchase price is
fixed in their favour, the order concerns the same agricultural land
in respect of which the Petitioners claim rights under their
registered Agreement for Sale.
39.The Petitioners may not become owners merely because of
the Agreement for Sale. But that does not mean that they have no
interest at all. Their contractual interest in the same property is
affected by an order which determines the rights of other persons
in respect of that property.
40.The submission based upon Section 64 of the Act requires
consideration. Mr. Karandikar relied upon Section 64 and
submitted that it regulates the sale of agricultural land. Sub-
section (1) provides:
“(1) Where a landlord intends to sell any land, he shall apply
to the Tribunal for determining the reasonable price thereof.”
41.Sub-section (2) provides for making an offer to the tenant in
actual possession and to other persons mentioned in the provision
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after the reasonable price is determined. Sub-section (8) provides:
“(8) Any sale made in contravention of this section shall be
Invalid.”
42.There can be no doubt that Section 64 prescribes a
procedure for sale of agricultural land and that the procedure has
to be followed. But I do not find anything in Section 64 which says
that merely because a person has an Agreement for Sale, he has no
right to challenge an order passed under Section 32-G. Section 64
deals with the manner in which the sale is to be made and the
consequence of a sale made contrary to the provision. Whether the
Agreement for Sale of the Petitioners can be enforced is a different
matter. Whether the transaction can result in transfer of ownership
is a different matter. Those questions may be decided in the
appropriate proceedings. For deciding the present issue, it is
enough to hold that Section 64 cannot be used to say that a person
who has a registered Agreement for Sale, claims to have paid the
entire consideration and has filed a civil suit has no interest in the
property. Whether the transaction is valid and enforceable can be
decided by the competent Court. But the interest claimed by the
Petitioners cannot be completely ignored while deciding whether
they are prejudicially affected by an order concerning the same
property.
43.There is another circumstance which cannot be overlooked.
The Section 32-G proceedings concern the agricultural land in
respect of which the Petitioners have their Agreement for Sale and
in respect of which the civil suit is pending. Their interest is
connected with the property involved in the tenancy proceedings.
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For this reason, the objection that the Petitioners were strangers to
the original tenancy proceedings is not sufficient . The law
recognises that a person who was not a party to the original
proceedings can, in an appropriate case, challenge an order if he is
prejudicially affected by it. In
Smt. Jatan Kumar Golcha v. Golcha
Properties Private Limited (1970) 3 SCC 573
, the Supreme Court
observed:
“It is well settled that a person who is not a party to the suit
may prefer an appeal with the leave of the Appellate Court
and such leave should be granted if he would be prejudicially
affected by the Judgment.”
44.Similarly, in State of Punjab v. Amar Singh (1974) 2 SCC 70,
the Court held:
“Firstly, there is a catena of authorities which, following the
dictum of Lindley, L.J.
, in re Securities Insurance Co.,
[[1894] 2 Ch. 410] have laid down the rule that a person
who is not a party to a decree or order may with the leave of
the Court, prefer an appeal from such decree or order if he is
either bound by the order or is aggrieved by it or is
prejudicially affected by it.”
45.Thus, the fact that the Petitioners were not parties to the
original proceedings is not enough to reject their challenge. The
Court has to see whether the impugned orders have caused or may
cause legal prejudice to them. In the present case, the Petitioners
have shown a specific transaction relating to the same property.
They rely upon the registered Agreement for Sale, payment of
substantial consideration, the Power of Attorney, the pending civil
suit and the status quo order. Their grievance cannot be treated as
an imaginary grievance.
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46.The judgment in Baldev Singh has to be understood in the
facts in which it was decided. In that case, the person who wanted
to challenge the compromise decree could not show any legal
prejudice to himself. In the present case, the Petitioners have
shown their connection with the property and the manner in
which the impugned tenancy orders affect that property.
47.The Petitioners have raised an objection regarding the
authority of the persons who appeared in the tenancy proceedings.
Mr. Damle submitted that Shri Dilip Shankar Pawar had acted as a
Power of Attorney holder, although, on 29 March 2007,
Respondent Nos.1 to 6 had executed a Power of Attorney in favour
of other persons. It was submitted that the Power of Attorney of
Shri Mahadu Balu Vajekar had been revoked and cancelled and
that an Advocates' notice dated 5 July 2010 and a public notice
dated 6 July 2010 had been issued in that regard.
48.Whether the Power of Attorney was actually revoked,
whether the concerned person had authority after such revocation
and what was the effect of the revocation are questions which have
to be decided from the documents and the record. If a person had
no authority to represent a party and still appeared before the
authority, the effect of such appearance upon the proceedings
would require examination. The Petitioners have relied upon the
earlier proceedings under Section 32-G. According to them, those
proceedings had been dropped and Mutation Entry No.770 was
not challenged by Respondent Nos.2 to 13. They state that the
purchase price had not been fixed earlier and that the later claim
of tenancy was not consistent with the earlier revenue record.
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Before passing a subsequent order under Section 32-G, the tenancy
authority was required to consider the earlier proceedings and the
relevant revenue record. A later application cannot make the
earlier proceedings disappear from consideration.
49.The Petitioners submitted that the A.L.T. did not properly
examine the record and proceeded to fix the purchase price. This
submission requires consideration. Proceedings under Section 32-G
have serious consequences. Before fixing the purchase price and
recognising the right of a person to purchase the land, the
authority has to examine the relevant facts and the legal position
of the persons claiming such right.
50.The Petitioners contend that they were not given an
opportunity of hearing and that the statements of the concerned
persons were not properly recorded. This objection is important
because the Petitioners claim that their interest arose from
documents executed before the order dated 22 February 2011.
Once such interest was brought before the authority, the authority
was required to consider whether the Petitioners were required to
be heard before passing an order concerning the same property. I
am not holding that the Petitioners are the owners of the property.
I am not holding that their Agreement for Sale is enforceable.
These questions are to be decided by the competent Civil Court.
The finding being recorded here is limited to the question of
interest and prejudice. On that question, the Petitioners have
shown a real legal interest in the property and the orders under
Section 32-G concern the same property.
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51.The subsequent withdrawal of Revision Application No.243
of 2012 is one of the circumstances relied upon by the Petitioners.
According to them, Smt. Savita K. Chopra filed a pursis dated 3
April 2014 seeking withdrawal of the Revision Application as the
General Power of Attorney holder of Smt. Shardabai G. Oze. The
Petitioners contend that the Power of Attorney did not give her
authority to withdraw the proceedings before the Tribunal. The
Tribunal permitted withdrawal of the Revision Application.
Thereafter, Review Application No.2 of 2015 was filed. The same
was disposed of on 18 June 2015 by observing that the deceased
Respondent No.1 had allegedly executed the Power of Attorney in
favour of the Applicant, who was no more, and the Review
Application would not survive. For deciding the present issue, it is
not necessary to decide every question concerning the validity of
withdrawal of the earlier Revision Application. That issue is part of
the background. What is material is that the Petitioners had
brought their interest in the property before the Tribunal and had
sought permission to participate. Their subsequent challenge could
not be rejected only because they were not parties to the original
tenancy proceedings, without considering whether the orders
caused prejudice to them.
52.The principle stated in Srimathi K. Ponnalagu Ammani v. The
State of Madras
AIR 1953 Mad 485 is relevant. The Court
observed:
“Now, what is the test to find out when it would be proper to
grant leave to appeal to a person not a party to a proceeding
against the decree or judgment in such proceedings? We
think it would be improper to grant leave to appeal to every
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person who may in some remote or indirect way be
prejudicially affected by a decree or judgment. We think that
ordinarily leave to appeal should be granted to persons who,
though not parties to the proceedings, would be bound by
the decree or judgment in that proceeding and who would be
precluded from attacking its correctness in other
proceedings.”
53.The Petitioners' case is not of a person who has some distant
connection with the property. Their interest arises from a specific
transaction relating to the same property. The impugned orders
concern that property and may affect the subject matter of their
pending civil proceedings.
54.The submission of Mr. Karandikar that the Petitioners must
first succeed in the suit for specific performance cannot be
accepted. If the tenancy order is allowed to remain without
considering the Petitioners' asserted interest, it may affect the same
property which is the subject matter of the civil suit. The
Petitioners cannot be required to first obtain a civil decree when
the order which they are challenging may affect the subject matter
of that suit. The tenancy proceedings and the civil suit may be
proceedings under different laws and may involve different reliefs.
But the pendency of the civil suit does not take away the
Petitioners' right to challenge an order under the Tenancy Act
which affects the property in which they claim an existing interest.
55.I find that the Petitioners have sufficient interest to maintain
the present challenge. Their Agreement for Sale does not make
them owners. That position is clear. But ownership is not the only
test for deciding whether a person is aggrieved. The registered
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Agreement for Sale, the claim of payment of the entire
consideration, the Power of Attorney, the pending civil suit and the
status quo order, when considered together, show that the
Petitioners have an existing and substantial interest in the property.
The orders passed under Section 32-G concern the same property
and are capable of causing prejudice to their legal interest.
56.I find that Section 64 cannot be used as a ground to reject
the Petitioners' challenge. Whether the transaction relied upon by
the Petitioners is valid is one question. Whether the Petitioners are
persons aggrieved by the orders passed in the tenancy proceedings
is another question. The first question may be decided by the
competent Court in the appropriate proceedings. On the second
question, considering the facts of the present case, the Petitioners
have shown sufficient interest.
57.The next question is whether the orders passed by the A.L.T.
and passed by the S.D.O. can be sustained on the other objections
raised by the Petitioners. The material placed before the Court
shows that there are important questions concerning the earlier
Section 32-G proceedings, the authority of the persons who
represented the concerned parties, the alleged revocation of the
Power of Attorney, the earlier revenue entries, the notices issued to
the parties and the manner in which the purchase price came to be
fixed. These matters go to the basis of the proceedings and could
not have been treated as minor matters. The order passed by the
A.L.T. does not show proper consideration of all these aspects. The
earlier proceedings and revenue entries required examination. The
authority of the persons appearing before the A.L.T. required
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verification. The claim of Respondent Nos.2 to 13 to purchase the
land required consideration with reference to the earlier
proceedings and the applicable provisions of law. The mere filing
of an application under Section 32-G could not establish that the
applicants were entitled to purchase the land. The authority was
required to first determine their legal entitlement and then
proceed according to law.
58.On considering all the material submissions together, I find
that the Petitioners have established a substantial grievance. Their
locus is established. The impugned orders concern the property in
respect of which they claim contractual rights and in respect of
which a civil suit is pending.
59.The impugned order passed by the Maharashtra Revenue
Tribunal cannot be sustained merely on the ground that the
Petitioners were not parties to the original tenancy proceedings or
that they had not obtained a decree for specific performance. The
Tribunal was required to consider the Petitioners' interest, the
prejudice caused to them and the objections raised regarding the
legality of the proceedings before the A.L.T. and the S.D.O.
60.On the total material, I find that the orders passed by the
A.L.T. and passed by the S.D.O. could not have been allowed to
stand without proper consideration of the material issues raised by
the Petitioners. The impugned order does not satisfactorily deal
with these issues.
61.The finding recorded in the present judgment is confined to
the tenancy proceedings and to the Petitioners' right to challenge
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the orders which affect their asserted interest in the property.
62.In view of the foregoing discussion, and upon overall
assessment of the material record, the following order is passed:
(a) Both the Writ Petition are allowed;
(b) The impugned orders dated 29 March 2016 and 7
th
March 2017 passed by the learned Maharashtra Revenue
Tribunal, Mumbai in Revision Application Nos.147 and 223
of 2014 are quashed and set aside. Consequently, the orders
passed by the A.L.T., Panvel and passed by the Sub
Divisional Officer, Panvel Sub Division are quashed and set
aside;
(c) Revision Application Nos.147 and 223 of 2014 are
restored to the file of the learned Maharashtra Revenue
Tribunal, Mumbai for fresh consideration in accordance with
law;
(d) The learned Maharashtra Revenue Tribunal shall
consider the Revision Applications afresh after giving
effective opportunity of hearing to the Petitioners,
Respondent Nos.1 to 15 and all other persons who are found
to be necessary parties for deciding the controversy;
(e) The learned Maharashtra Revenue Tribunal shall
decide the Revision Applications on its own merits and in
accordance with law, without being influenced by any
observations made in the present judgment except to the
extent specifically decided herein regarding the Petitioners'
locus to challenge the impugned tenancy orders.
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63.It is clarified that this Court has not adjudicated upon the
final ownership of the subject property, the validity or
enforceability of the Agreement for Sale relied upon by the
Petitioners, or the Petitioners' entitlement to specific performance.
All such questions shall remain open for determination by the
competent Civil Court in the pending proceedings.
64.It is clarified that the learned Maharashtra Revenue Tribunal
shall decide the Revision Application on the basis of the material
and contentions available before it and shall not treat the
pendency of Special Civil Suit No.329 of 2012 as either creating or
extinguishing the rights of any party in the tenancy proceedings.
65.The learned Maharashtra Revenue Tribunal shall endeavour
to decide the restored Revision Applications expeditiously and, as
far as possible, within a period of six months from the date of
appearance of the parties before it.
66.The parties shall appear before the learned Maharashtra
Revenue Tribunal on 7
th
September 2026. No separate notice shall
be required if the parties are represented before this Court and are
informed of the date of appearance.
67.All contentions of the parties on the merits of the Revision
Application are kept open, subject to the findings recorded in this
judgment.
68.Both the Writ Petitions are disposed of in the above terms.
There shall be no order as to costs.
(AMIT BORKAR, J.)
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