ULTRATECH CEMENT LIMITED Vs. GULAB KISAN CHOUDHARI

JUDGEMENT

(1.) The applicants are the defendants in regular Civil Suit No.9 of 2015. The plaintiffs prayed for a declaration that order passed by the Collector granting permission to use suit property for non- agricultural purpose by order dtd. 18/5/2013 be set aside and consequential injunction restraining defendant No.1 and their agents from entering into the suit property.

(2.) On perusal of the plaint, it appears that defendant No.1 had purchased the suit property. Defendant No.1 applied for use of suit property for non-agricultural purpose. By order dated 18 th May 2013, defendant No.4-Collector granted permission to use suit property for non-agricultural purpose, subject to conditions in the said order. The exercise of power by defendant No.4 is under sec. 44 of the Maharashtra Land Revenue Code, 1966. Based on the said order, it is alleged that defendant No.1 has violated terms and conditions of the order under Sec. 44 of the Maharashtra Land Revenue Code, 1966. It is further alleged that the measurement of the land was done without consent of the plaintiffs. It is also alleged that defendant No.1 had no ownership right over the property. Despite all these deficiencies, the defendant No.4 granted permission to use suit property for non- agricultural purpose.

(3.) The defendant Nos.1 to 3 filed an application under Order 7 Rule 11(D) of the Civil Procedure Code, 1908, contending that bar created under Sec. 11 of the Bombay Revenue Jurisdiction Act, 1876, applies to a suit filed without exhausting remedies provided under the act. Remedy of appeal under Sec. 247 of the Land Revenue Code, 1966, was available with the plaintiffs.