HASAN CHAND JAMADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this writ petition, preferred under Article 226 of the Constitution of India, is to the order dtd. 8/7/2014 passed by respondent No.2 (the Minister for State Revenue and Forest, State of Maharashtra), dismissing the petitioners' Revision Application No. Consolidation/3807/216/Case No./Kolhapur/14/J- 5A arising out of proceedings under Ss. 247 and 249 of the Maharashtra Land Revenue Code, 1966 (hereinafter "MLRC"). The impugned order, it is contended, suffers from jurisdictional errors and non-application of mind to settled principles of law.

(2.) The factual matrix, as per the petitioners, reveals that respondent Nos.5 and 6 had instituted Regular Civil Suit No.55 of 1980 under Sec. 38 of the Specific Relief Act, 1963, seeking perpetual injunction in respect of land bearing CTS No.185. A specific issue (Issue No.[1]) was framed by the Civil Court under Order XIV Rule 1 of the Code of Civil Procedure, 1908 (CPC), pertaining to the ownership rights of respondent Nos.5 and 6. After adjudication, the said issue was answered in the negative, holding that respondent Nos.5 and 6 failed to discharge their burden of proof under Sec. 101 of the Indian Evidence Act, 1872, and thus did not establish lawful ownership over the suit property.

(3.) Subsequently, the petitioners filed an application under Sec. 149 of the MLRC before the Tahsildar, seeking deletion of the names of respondent Nos.5 and 6 from the revenue records (Mutation Entry). The Tahsildar, rejected the petitioners' claim, opining that the petitioners failed to substantiate their title through cogent documentary evidence under Rule 12 of the Maharashtra Land Revenue (Village, Town, and City Survey) Rules, 1969. This rejection was erroneously upheld by respondent No.1 in revision, despite the binding nature of the Civil Court's findings.