TATA POWER COMPANY LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present writ petition is instituted by the petitioners under Article 226 of the Constitution of India, assailing the legality, validity, and propriety of the order dtd. 30/10/2024, along with the consequential Mutation Entry No. 3458, as recorded in the revenue records pursuant to the said order. The impugned order, dtd. 30/10/2024, directs the deletion of the petitioners' names from the revenue records in respect of the property bearing Survey No. 333, situated at Village Kongaon, Taluka Mulshi, which was previously identified as Survey No. 127 (part) of Village Mulapur, and measures approximately 19.29 acres in total.

(2.) The material facts leading to the filing of the present petition are as follows: Petitioner No. 1 acquired a portion of the subject property, ad-measuring 4.04 acres, through a registered conveyance deed executed by the then State Government between the years 1929 and 1936. Additionally, another portion of the subject property, ad-measuring 12.24 acres, was granted in favor of Petitioner No. 1 under the provisions of Sec. 117B of the erstwhile Bombay Land Revenue Code, 1879. The legal effect of the said grant under the said provision is that the petitioner derived possessory as well as proprietary rights over the said land, which were duly reflected in the revenue records. Notably, in the year 1929, Survey No. 127 (part) of Village Mulapur was merged with Village Kongaon, thereby being renumbered as Survey No. 333 of Village Kongaon. A separate 7/12 extract was accordingly issued, wherein the name of Petitioner No. 1 was duly recorded for an area of 15.24 acres, as granted under Sec. 117B of the Bombay Land Revenue Code, 1879. The portion of 4.04 acres formed part of Survey No. 4/Mulapur/1, which was a part of a larger tract of 217 acres acquired by Petitioner No. 1 from the State Government, which came to be known as Tata Talao.

(3.) On 10/10/1936, a registered conveyance deed was executed in favor of Petitioner No. 1 by the then State Government in respect of various lands, including the land ad-measuring 4.04 acres, thereby further strengthening the proprietary rights of the petitioners. The execution of this registered conveyance is a significant factor, as it confers indefeasible legal title upon the petitioners, which cannot be disturbed except in accordance with due process of law.