SANDIP ANIRUDDH JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) Petitioner challenges order dtd. 23/06/2014 passed by the Minister of Revenue, State of Maharashtra, in Revision No. ROR/5300/2014 along with the order dtd. 21/10/2013 passed by respondent No.2 Additional Commissioner, Aurangabad, in Revision No.ROR/149/2012.

(3.) Petitioners' father Aniruddha Santaram Jadhav was protected tenant of the land admeasuring 6 Acre 31 Are in Survey No.164, situated at Jalna. Hence, the petitioners are owners and possessors of the said land as protected tenants. In view of the fact that their father was protected tenant, the said land is not capable of being alienated without permission of the Collector as provided under the Hyderabad Tenancy and Agricultural Lands Act, 1950 (for short 'the said Act'). In spite of that, Aniruddha Santaram, Prayagbai Santaram, Avantikabai Santaram and Sulochana Santaram have executed sale deed of the land to the extent of 6 Acre 31 Are from Survey No.164 in favour of respondent No.5 Maharashtra Hybrid Seeds Company. The transaction has taken place without obtaining prior permission of the Collector as provided under Sec. 50-B of the said Act. Pursuant to execution of sale deed Mutation Entry No.2525 was taken in the revenue record in favour of respondent No.5 Company. The Sub-Divisional Officer, Jalna, in exercise of his powers under Sec. 257 of the Maharashtra Land Revenue Code, 1966 (for short 'MLR Code') issued notices to all the parties including respondent No.5 Company and after hearing them cancelled Mutation Entry No.2525 vide order dtd. 21/08/1998, on the ground that no previous sanction is obtained from the Collector as required under Sec. 50-B of the said Act.