Shri. Prashant Haribhau Dalvi And Ors vs Govind Ramchandra Saptarshi And Ors on 20 July, 2026

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    Bombay High Court

    Shri. Prashant Haribhau Dalvi And Ors vs Govind Ramchandra Saptarshi And Ors on 20 July, 2026

    Author: Amit Borkar

    Bench: Amit Borkar

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                                                                        Sayali
    
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
    
                                    WRIT PETITION NO.3280 OF 2020
                                                WITH
    SAYALI                          WRIT PETITION NO.3088 OF 2020
    DEEPAK
    UPASANI
                       1. Prashant Haribhau Dalvi
    Digitally signed
    by SAYALI
    DEEPAK
    UPASANI
                       2. Kamal Haribhau Dalvi, (deleted)
    Date: 2026.07.20
    12:13:09 +0530
                       3. Nitinkumar Haribhau Dalvi
                          since deceased through LRs
                       3a Shweta Nitinkumar Dalvi
                       3b. Tanishka Nitinkumar Dalvi
                       3c. Tikshala Nitinkumar Dalvi
                       3d. Aarav Nitinkumar Dalvi
                       4. Pratibha Ajit Bhujbal
                       5. Ujjawala Dattatraya Tilekar
                       6. Vandana Haribhau Doke
                       7. Pramod Shankarrao Dalvi
                       8. Sharad Shankarrao Dalvi
                       9. Vijay Shankarrao Dalvi
                       10. Hemlata Vitthalrao Gaikwad
                       11. Mangal @ Pushpalata
                           Prakashrao Barke                   ... Petitioners
    
                                          Vs.
    
                       1. Govind Ramchandra Saptarshi,
                          since deceased through LRs
                       1a. Neelima Vidyasagar Patwardhan
    
    
    
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     1b. Gauri Vikas Kulkarni
     1c. Shashank Govind Saptarshi
     1d. Meghna Vidyasagar Patwardhan
         2. Yogesh Mangalsen Bahal
         3. Rahul Maruti Adkar                              ... Respondents
    
    
    Mr. Avinash B. Avhad with Mr. Mahesh Rawool & Mr.
    Goraksha Avhad for the petitioners in both petitions.
    Mr. S.G. Karandikar i/by Mr. Prathamesh Bhargude for
    respondent Nos.2 in both petitions.
    Mr. Prathamesh Bhargude for respondent No.3 in both
    petitions.
    
    
                        CORAM                      : AMIT BORKAR, J.
    
                        RESERVED ON                : JULY 13, 2026.
    
                        PRONOUNCED ON              : JULY 20, 2026
    
    JUDGMENT:

    1. By these writ petitions, the Petitioners are challenging the
    order dated 6 September 2018 passed by the Maharashtra Revenue
    Tribunal, Pune Bench, Pune in Revision Application No.
    P/IV/2/2016.

    2. The facts giving rise to these petitions are as follows. The
    dispute is about agricultural land bearing Survey No. 160/1,
    admeasuring 92 R, situated at Village Hadapsar, Pune, which is
    referred to as the suit property. According to the Petitioners, their
    ancestor, Shri Namdeo Mahadu Dalvi, was cultivating the suit
    property as a tenant before 1 April 1957. Therefore, under the
    Bombay Tenancy and Agricultural Lands Act, 1948, he became a

    SPONSORED

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    protected tenant and was also treated as a deemed purchaser of
    the land. It is their case that Mutation Entry No. 4449 dated 12
    October 1953 also recorded the name of Shri Namdeo Mahadu
    Dalvi as the tenant in the revenue records. In the year 1957, the
    original landlord filed Application No. 1267 of 1957 under Section
    31
    of the Bombay Tenancy and Agricultural Lands Act, 1948
    against Shri Namdeo Mahadu Dalvi. By an order dated 24 January
    1959, the landlord was allowed to recover possession of half
    portion of the suit property. However, this was made subject to the
    condition that the land should be put to non-agricultural use
    within the prescribed time. According to the Petitioners, the
    landlord did not fulfil this condition. Thereafter, on 19 January
    1960, Shri Namdeo Mahadu Dalvi passed away. After his death,
    Mutation Entry No. 5384 dated 13 February 1960 was recorded.
    By this entry, the names of his legal heirs, namely Shankar,
    Haribhau, Shevantabai, Anandibai, Jayavantibai and Parubai, were
    entered in the “Other Rights” column of the Record of Rights as his
    legal heirs, and the same was reflected in the 7/12 extract. Later,
    on 3 March 1962, the limits of the Pune Municipal Corporation
    were extended, and because of that, the suit property came within
    the municipal limits.

    3. On 14 February 1964, the Agricultural Lands Tribunal,
    Hadapsar, passed an order in Case No. ALT/III/Hadapsar/64
    holding that the provisions of the Bombay Tenancy and
    Agricultural Lands Act, 1948
    were not applicable because the land
    had come within the municipal limits. After this order, Mutation
    Entry No. 6433 dated 30 March 1964 was made, by which the

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    names of the tenant’s legal heirs were removed from the revenue
    records. According to the Petitioners, this was done without giving
    any notice either to the tenant or to his legal heirs. Many years
    later, on 29 September 2007, the Petitioners filed Tenancy Appeal
    No. 2003 of 2007 before the Sub Divisional Officer, Haveli
    Division, Pune under Section 74 of the Act. They challenged the
    order passed in the year 1964 and also filed an application
    requesting that the delay in filing the appeal be condoned.

    4. On 1 October 2007, some of the Petitioners also filed Special
    Civil Suit No. 1734 of 2007 before the Civil Judge, Senior Division,
    Pune. In that suit, they sought declaration of their rights,
    cancellation of certain documents and a permanent injunction.
    Thereafter, on 14 March 2008, the Sub Divisional Officer directed
    the Petitioners to produce a copy of the order passed by the
    Agricultural Lands Tribunal in the year 1964. Thereafter, on 28
    March 2008, the Sub Divisional Officer held that the appeal was
    not maintainable on the ground that it had been filed against
    Mutation Entry No. 6433. However, according to the Petitioners,
    even after this order was passed, the matter continued to remain
    on the board of the authority. Fresh dates were given from time to
    time, and the parties continued to appear before the authority on
    different dates, including 7 July 2008 and 6 August 2008.

    5. On 25 August 2008, the Sub Divisional Officer made a note
    in the Roznama stating that since the earlier officer had already
    passed an order, no further order was required. According to the
    Petitioners, no formal order was ever supplied to them. They
    therefore sought information under the Right to Information Act,

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    2005. By a reply dated 12 January 2010, the Information Officer
    informed them that no separate order had been passed and that
    only the Roznama entry was available. Thereafter, on 10 February
    2010, the Petitioners filed Revision Application No.
    TNC/REV/26/2010/P before the Maharashtra Revenue Tribunal
    along with an application seeking condonation of delay. In the year
    2012, the Tahsildar, Haveli, started proceedings in Tenancy Case
    No. 32G/SR/3/2012 on the basis of a reference made by the Civil
    Court under Section 32G of the Bombay Tenancy and Agricultural
    Lands Act, 1948. By an order dated 11 January 2012, the Tahsildar
    held that the Petitioners’ ancestor was the tenant of the suit
    property as on 1 April 1957. The Tahsildar also recorded that the
    Petitioners continued to remain in possession of the land. On that
    basis, the purchase price of the suit property was fixed under
    Section 32G of the Act.

    6. Being dissatisfied with this decision, the Respondents, who
    are the landlords, filed Tenancy Appeal No. 17 of 2012 before the
    Sub Divisional Officer and Deputy Collector, Pune. By an order
    dated 8 February 2016, the appeal was allowed. The Tahsildar was
    directed to decide Tenancy Case No. SR/64/2011 and to
    communicate to the Civil Court the decision relating to the order
    dated 14 February 1964 and also the order passed by the Sub
    Divisional Officer in the year 2008. Aggrieved by this order, the
    Petitioners filed Revision Application No. P/IV/2/2016 before the
    Maharashtra Revenue Tribunal. By two separate orders dated 6
    September 2018, the Tribunal dismissed both revision applications.
    While dismissing Revision Application No. TNC/REV/26/2010/P,

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    the Tribunal held that the Petitioners had not given a satisfactory
    explanation for the delay in filing the revision. By another order
    passed on the same day in Revision Application No. P/IV/2/2016,
    the Tribunal held that the order passed by the Agricultural Lands
    Tribunal in the year 1964 was binding on the subsequent Tahsildar.
    On that basis, the revision application was also dismissed.

    7. Being aggrieved by both the orders dated 6 September 2018
    passed by the Maharashtra Revenue Tribunal, and also by the
    consequential orders passed by the authorities under the Bombay
    Tenancy and Agricultural Lands Act, 1948
    , the Petitioners have
    filed the present writ petitions before this Court.

    8. Learned Advocate Mr. Avinash B. Avhad appearing for the
    Petitioners submitted that the Maharashtra Revenue Tribunal was
    not justified in rejecting the Revision Application only on the
    ground of delay. According to him, the original order dated 14
    February 1964, by which the proceedings under the Bombay
    Tenancy and Agricultural Lands Act, 1948
    were closed on the
    ground that the land had come within the municipal limits, was
    itself without legal authority and was a nullity. He submitted that if
    an order is void from the beginning, the question of limitation does
    not arise while challenging such an order. He further submitted
    that the Sub Divisional Officer had initially recorded on 28 March
    2008 that the appeal was withdrawn or rejected. However, even
    after making such a recording, the authority continued to give
    dates in the same proceedings, and finally, on 25 August 2008,
    dismissed the appeal. According to him, the Petitioners were never
    informed about the order dated 25 August 2008 and came to know

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    about it only later. Immediately thereafter, they took legal steps
    and filed the Revision Application.

    9. In support of his contention that the order dated 14 February
    1964 was a nullity, Mr. Avhad placed reliance upon the decision of
    the Supreme Court in Tribhovandas Haribhai Tamboli v. Gujarat
    Revenue Tribunal
    , AIR 1991 SC 1538. He submitted that while
    interpreting the provisions introduced by the Gujarat Amendment
    Act, the Supreme Court held that the rights already acquired by a
    tenant as a deemed purchaser cannot be taken away
    retrospectively.
    He further submitted that while deciding the said
    case, the Supreme Court also considered its earlier decision in
    Parvati v. Fatehsinhrao Pratapsinhrao Gaekwad, AIR 1986 SC
    2204, which dealt with Section 88(1)(b) of the Bombay Tenancy
    and Agricultural Lands Act as applicable in Maharashtra.
    According to him, although the Supreme Court in Parvati held that
    a notification issued under Section 88(1)(b) operates
    retrospectively, the rights already acquired by a tenant as a
    deemed purchaser before issuance of such notification continue to
    remain protected. On that basis, he contended that the Petitioners’
    predecessor had already become a deemed purchaser and those
    rights could not have been taken away by the subsequent
    notification.

    10. Mr. Avhad also relied upon the judgment of the Division
    Bench of this Court in Pralhad Ganaba Kapare v. Sadaba Rambhau
    Bhonsale and Another
    , AIR 1973 Bom 172. He submitted that the
    Division Bench held that the rights acquired by a tenant under
    Section 32 of the Bombay Tenancy and Agricultural Lands Act

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    cannot be taken away merely because a notification is later issued
    under Section 88(1)(b) excluding the applicability of Sections 32
    to 32R. He further relied upon another Division Bench judgment in
    Ankush Hiraman Magar and Others v. Thakubai Maruti Tupe and
    Others
    , AIR 1981 Bom 350, where it was held that once a tenant
    acquires ownership under Section 32(1), such ownership is not
    lost merely because the land is later brought within the municipal
    limits. Relying upon these judgments of this Court and the
    Supreme Court, he submitted that the order dated 14 February
    1964, by which the proceedings under Section 32G were dropped,
    was without legal effect. According to him, the delay in filing the
    Appeal and the Revision deserved to be condoned and the
    impugned orders required to be set aside.

    11. By way of rejoinder, Mr. Avhad submitted that the judgment
    in Jasin Tomu Damel v. Harischandra Pandurang Muranjan, 1959
    SCC OnLine Bom 100 was not applicable to the facts of the present
    case. According to him, the question whether a tenant governed by
    the Bombay Tenancy and Agricultural Lands Act, 1948 would
    continue to enjoy the rights available under that Act was not
    considered in that decision. He also sought to distinguish the
    judgment in Parvati by submitting that the Supreme Court in that
    case
    was considering the provisions of the Bombay Tenancy Act,
    1939.
    He further submitted that the decision in V.S. Charati v.
    Hussein Nhanu Jamadar
    , (1999) 1 SCC 273 was also
    distinguishable because, in that case, the Tribunal had already
    dropped the proceedings on 31 May 1961 on the ground that the
    landlord was a minor, and the tenant had never challenged that

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    order. According to him, those facts are entirely different from the
    facts of the present case.

    12. Mr. Avhad further submitted that the Petitioners’ predecessor
    had already expired in the year 1960. Therefore, according to him,
    when the Agricultural Lands Tribunal passed the order on 14
    February 1964, the proceedings were continued against a person
    who was no longer alive. He submitted that such an order cannot
    be sustained in law.

    13. On the other hand, learned Advocate Mr. Karandikar
    appearing for Respondent No. 2 opposed the petitions. Inviting
    attention to Section 32(1) of the Bombay Tenancy and Agricultural
    Lands Act, he submitted that although the section declares a
    tenant to be a deemed purchaser, it specifically states that such
    declaration is subject to the other provisions contained in that
    section and the succeeding provisions of the Act. According to him,
    this includes clauses (a) and (b) of the section, their provisos, as
    well as other provisions such as Sections 88B, 88C, Chapter III AA
    and Sections 43.1B and 43.1E. Therefore, according to him, the
    rights of a deemed purchaser are always subject to these statutory
    provisions.

    14. Mr. Karandikar further relied upon the judgment of the
    Supreme Court in V.S. Charati. He submitted that the Supreme
    Court explained that the expression “purchase” occurring in
    Section 43.1E means a completed purchase and not merely the
    status of a deemed purchaser. Therefore, according to him, a
    tenant who has only become a deemed purchaser cannot claim

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    protection under Section 43.1E so as to prevent the landlord from
    exercising rights under Section 43.1B. He also submitted that the
    Supreme Court held that once an order passed by the competent
    Tribunal is not challenged, it becomes final and binding upon the
    parties. Merely because such an order may be legally incorrect, it
    does not automatically become a nullity.

    15. Mr. Karandikar also referred to Section 88B(1) of the Act. He
    submitted that this provision was inserted by Maharashtra Act 38
    of 1957 and specifically provides that several provisions of the
    Bombay Tenancy and Agricultural Lands Act would not apply to
    the lands covered by that section, except the provisions expressly
    saved therein. According to him, this itself shows that the
    legislature intended to create statutory exceptions to the general
    rights available under the Act.

    16. Proceeding further, Mr. Karandikar submitted that wherever
    the provisions of the saved Chapters are applicable, they continue
    to govern the matter. According to him, if the Petitioners’ argument
    is accepted that no amendment made after Tiller’s Day can affect
    the rights of a deemed purchaser, then every subsequent
    amendment introduced by the Legislature, including Sections
    88(1)(b)
    , 88C, 43.1B, 43.1E and 43C, would become meaningless.
    He submitted that such an interpretation cannot be accepted.

    17. Referring to the judgment in Tribhovandas Haribhai Tamboli,
    relied upon by the Petitioners themselves, Mr. Karandikar
    submitted that the Supreme Court in that case was considering
    two special provisos introduced by the State of Gujarat. According

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    to him, no such provisos exist in the Maharashtra enactment.
    Therefore, the reasoning adopted in that case cannot be applied in
    the same manner to the present dispute. He further submitted that
    the Supreme Court, while deciding Tribhovandas Haribhai
    Tamboli, had approved its earlier judgment in Parvati. According
    to him, the Supreme Court specifically observed that Parvati was
    decided in the absence of the Gujarat provisos and that the
    interpretation given therein would continue to apply while
    considering notifications issued under Section 88(1)(b).

    18. Mr. Karandikar also relied upon the judgment of the
    Supreme Court in Parvati. He submitted that the Supreme Court
    clearly held that once the Government issues a notification under
    Section 88(1)(b) declaring certain lands to be reserved for non-
    agricultural, or industrial development, the provisions of the
    Bombay Tenancy and Agricultural Lands Act cease to apply to
    those lands. According to him, the Supreme Court also rejected the
    argument that such notifications cannot operate retrospectively
    and expressly held that Section 88(1)(b) has retrospective effect.
    He submitted that the effect of the notification dated 21 May 1958
    was that all rights, obligations, and liabilities created under the Act
    in respect of the notified lands came to an end. He further relied
    upon the Division Bench judgment of this Court in Jasin Tomu
    Damel, wherein it was held that the right of a deemed purchaser
    under Section 32 is only a statutory right and not an absolute
    vested right.

    19. Replying to the contention that the original tenant had
    already expired before the order dated 14 February 1964 was

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    passed, Mr. Karandikar submitted that the Petitioners themselves
    failed to produce a copy of the impugned order though Rule 251 of
    the Maharashtra Land Revenue Code required them to annex it
    with the appeal. According to him, because the complete order and
    its cause title were not produced, neither the Appellate Authority
    nor this Court could verify whether the legal representatives of the
    deceased tenant had already been brought on record in those
    proceedings. He pointed out that on 14 March 2008, the Appellate
    Authority had specifically directed the Petitioners to produce a
    copy of the order dated 14 February 1964. Even then, they failed
    to comply with that direction. According to him, after allowing
    several decades to pass without challenging the order and without
    producing the relevant record, the Petitioners cannot take
    advantage of their own omission. He therefore submitted that the
    writ petitions deserve to be dismissed.

    20. Mr. Karandikar also sought to distinguish the judgment of
    this Court in Ankush Hiraman Magar. According to him, that case
    arose under Section 88C and not under Section 88(1)(b), which is
    involved in the present proceedings. He submitted that Section
    88C
    begins with language which specifically excludes the
    operation of Sections 32 to 32R, subject to certain exceptions. He
    further pointed out that Section 33C opens with a non obstante
    clause overriding Section 88C(1), and sub section (5) of Section
    33C
    expressly provides that Sections 32 to 32R would apply, as far
    as possible, to the purchase of land by an excluded tenant. On that
    basis, he submitted that the statutory scheme considered in
    Ankush Hiraman Magar is materially different and the said

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    judgment cannot govern the present case.

    REASONS AND ANALYSIS:

    21. Main dispute between both sides is about how Chapter III of
    the Bombay Tenancy and Agricultural Lands Act, 1948
    and
    exemption given under Section 88(1)(b) are required to be read
    together. According to the Petitioners, their predecessor became
    deemed purchaser on Tillers’ Day under Section 32. Because of
    this, later inclusion of the land inside municipal limits could not
    take away the statutory rights which had vested in his favour. On
    the other side, the Respondents contend that Section 88(1)(b)
    removes application of the earlier provisions of the Act. Therefore,
    according to them, once a valid notification under Section 88(1)

    (b) becomes applicable, the statutory rights flowing from Chapter
    III cannot continue.

    22. Section 32(1) of the Act provides:

    “On the first day of April 1957 … every tenant shall, subject
    to the other provisions of this section and the provisions of
    the next succeeding sections, be deemed to have purchased
    from his landlord…”

    23. The starting words, namely, “subject to the other provisions
    of this section and the provisions of the next succeeding sections”,
    become important because both parties are reading these same
    words in different way. The Petitioners say these words show those
    situations which are written in Sections 32G and 32M where the
    statutory purchase can later become ineffective. According to
    them, outside those situations, the purchase remains untouched.
    The Respondents submit that these opening words show that the

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    purchase under Section 32 is never complete in every respect.
    According to them, it always remains controlled by the later
    provisions contained in the Act and cannot be read separately.

    24. Section 88(1)(b) provides:

    “Save as otherwise provided in sub-section (2), nothing in
    the foregoing provisions of this Act shall apply … to any area
    which the State Government may, from time to time, by
    notification in the Official Gazette, specify as being reserved
    for non-agricultural or industrial development.”

    25. The issue is about the meaning and effect of the words
    “nothing in the foregoing provisions of this Act shall apply”. Both
    sides accept the existence of this provision, but each side gives
    different meaning to these words. Therefore, proper understanding
    of this expression becomes necessary for deciding the present
    petitions.

    26. In view of these rival submissions, following questions
    require consideration in the present petitions:

    (i) What is the true nature of the statutory purchase under
    Section 32 of the Act?

    (ii) Whether Section 88(1)(b) operates so as to exclude the
    application of Chapter III in respect of lands covered by a
    valid notification?

    (iii) Whether the order dated 14 February 1964 can be
    regarded as void for want of jurisdiction or whether it is, at
    the highest, an order alleged to be legally erroneous?

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    (iv) Whether the Petitioners have satisfactorily explained
    the delay in questioning the said order before the appellate
    and revisional authorities?

    27. These questions are required to be examined by reading the
    statutory provisions together with the decisions relied upon by
    both sides, so that the effect of the Act and the authorities can be
    properly understood.

    Statutory Scheme and Consideration of the Rival
    Submissions:

    28. I have considered the submissions made from both sides. I
    have gone through the provisions of the Bombay Tenancy and
    Agricultural Lands Act, 1948
    and the judgments relied upon by
    both parties. At first reading, submissions made by both sides
    appear to carry some force. Still, the dispute cannot be decided by
    picking only one section of the Act or by reading only one
    judgment. The provisions of the Act and the judgments cited
    before the Court are required to be read together so that proper
    meaning can be gathered from the entire statutory scheme.

    29. The Petitioners have placed reliance upon Section 32 of the
    Act. Section 32(1) provides:

    “On the first day of April 1957 … every tenant shall, subject
    to the other provisions of this section and the provisions of
    the next succeeding sections, be deemed to have purchased
    from his landlord…”

    30. According to the Petitioners, once the tenant became a
    deemed purchaser on the Tillers’ Day, ownership came in his

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    favour by operation of law. They submit that after this stage, such
    title could be defeated only in those situations which are
    mentioned in the Act. According to them, the Act recognises
    limited circumstances where such purchase can become
    ineffective. Therefore, no other provision should be understood in
    a manner which takes away the statutory purchase created under
    Section 32.

    31. For supporting this submission, reliance has been placed
    upon the judgment of the Supreme Court in Sri Ram Ram Narain
    Medhi v. State of Bombay
    , AIR 1959 SC 459. The Supreme Court in
    paragraph 39 observed:

    “The title of the landlord to the land passes immediately to
    the tenant on the tiller’s day… The tenant gets a vested
    interest in the land, defeasible only in either of these
    cases…”

    32. Similarly, the Bombay High Court in Ankush Hiraman Magar,
    while following the above judgment, observed in paragraph 7:

    “The purchase is complete on the tillers’ day and the land
    becomes vested in the tenant as from that date.”

    33. Again, in paragraph 9, it was observed:

    “The subsequent inclusion of land within the limits of the
    Poona Municipal Corporation cannot have the effect of
    divesting the land which had once vested in the tenant under
    Section 32(1).”

    34. Prima facie, these observations appear to support the
    Petitioners’ submission that the purchase under Section 32 is not
    incomplete. According to these authorities, statutory rights come

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    in favour of the tenant on the Tillers’ Day.

    35. However, the matter does not stop only there. Section 32
    starts with the words “subject to the other provisions of this section
    and the provisions of the next succeeding sections”. These opening
    words cannot be ignored. They appear to indicate that the
    purchase created under Section 32 was never intended by the
    Legislature to operate independent from the remaining provisions
    of the Act. Rather, the Legislature made the operation of Section
    32
    subject to the later provisions contained in the statute.

    36. The later provisions show that though the purchase may take
    place on the Tillers’ Day, in situations recognised by law, such
    purchase may later become ineffective. Section 32G(3) provides
    that where the tenant is not willing to purchase the land, the
    Tribunal shall declare that the purchase is ineffective. Section 32M
    further provides that if the purchase price is not paid, the purchase
    shall become ineffective and thereafter the land has to be dealt
    with under Section 32P. Sections 32N and 32P further regulate
    what consequences will follow after such purchase becomes
    ineffective. Thus, the Act itself recognises that a purchase brought
    into existence under Section 32 may cease to operate in situations
    recognised by the statute.

    37. The Respondents submit that the present case stands on a
    different footing altogether because it is governed by Section 88(1)

    (b). Section 88(1)(b) provides:

    “Save as otherwise provided in sub-section (2), nothing in
    the foregoing provisions of this Act shall apply… to any area

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    which the State Government may… specify as being reserved
    for non-agricultural or industrial development.”

    38. According to the Respondents, the words “nothing in the
    foregoing provisions of this Act shall apply” have been used in
    wide language. They submit that unlike Section 88C, which
    excludes only Sections 32 to 32R, Section 88(1)(b) excludes the
    operation of all the foregoing provisions of the Act. Therefore,
    according to them, once a valid notification under Section 88(1)

    (b) becomes applicable, Chapter III no longer governs those
    notified lands.

    39. For supporting this submission, reliance has been placed
    upon the judgment of the Supreme Court in Parvati. The Supreme
    Court observed in paragraph 3:

    “On a plain reading of the provisions of Section 88(1) it is
    crystal clear that… the provisions of the Tenancy Act were
    made inapplicable retrospectively…”

    40. The Court further held in paragraph 5 :

    “The consequence that falls is that the provisions of Bombay
    Tenancy and Agricultural Lands Act, 1948
    are not applicable
    to the land in question… and as a result these rights acquired
    under the said Act automatically becomes non est.”

    41. The Supreme Court also rejected the submission based upon
    Section 89(2)(b) by observing in paragraph 5 :

    “The argument… is totally devoid of any merit.”

    42. These observations appear to give support to the
    Respondents’ contention that Section 88(1)(b) was intended by
    the Legislature to operate as an overriding provision in relation to

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    notified lands.

    43. The Petitioners attempted to answer this submission by
    placing reliance upon the judgment in Tribhovandas Haribhai
    Tamboli. According to them, the Supreme Court recognised that
    the rights of a deemed purchaser cannot be taken away
    retrospectively.

    44. However, on careful reading of the said judgment, it appears
    that the controversy before the Supreme Court arose because of
    the two provisos inserted by the Gujarat Amendment Act, 1965. In
    paragraph 9, the Supreme Court noticed the judgment in Parvati
    and recorded:

    “…this Court held that the notification had retrospective
    operation and… all rights, title, obligations etc. accrued or
    acquired under the said Act ceased to exist.”

    45. The Court thereafter further observed:

    “It would be seen that the effect of the second proviso was
    not considered therein.”

    46. Thus, the distinction made in Tribhovandas appears to be
    because of the special Gujarat provisos and not because the
    interpretation adopted earlier in Parvati was held to be incorrect. It
    is also not disputed that the amendments considered in
    Tribhovandas are not part of the Maharashtra enactment.

    47. The Respondents have further relied upon the Division
    Bench judgment in Jasin Tomu Damel. In that case, the Division
    Bench rejected the contention that a notification under Section 88
    could not affect the existing tenancy rights and observed in

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    paragraph 14 :

    “…the notification issued by the State Government… cannot
    affect the defendant’s rights.”

    48. The Court also observed that the earlier view treating such
    rights as vested rights “cannot now be regarded” as correct.
    Though this judgment was delivered before the decision in Parvati,
    its broad approach appears broadly consistent with the
    interpretation which was later accepted by the Supreme Court.

    49. The Petitioners have placed reliance upon Ankush Hiraman
    Magar. There can be no dispute that the said judgment explains
    the legal fiction created by Section 32 and the vesting which takes
    place on the Tillers’ Day. At the same time, it also appears that the
    controversy before the learned Single Judge was arising under
    Sections 88C and 43C. The legal effect of Section 88(1)(b) was not
    under examination in that case. Naturally, the Court had no
    occasion to consider the pronouncement of the Supreme Court in
    Parvati. Therefore, though the principles stated regarding statutory
    purchase continue to have importance, their application to a
    matter governed by Section 88(1)(b) still requires examination
    keeping in view the judgments of the Supreme Court.

    50. Another submission made by the Respondents relates to the
    nature of the order dated 14 February 1964. According to the
    Petitioners, that order is a nullity because it was passed against a
    person who had already expired and also because it proceeds on
    an incorrect understanding of the provisions of the Act.

    51. In this connection, reliance has been placed upon the

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    judgment in V.S. Charati. The Supreme Court observed in
    paragraph 9:

    “A decision, simply because it may be wrong, would not
    thereupon become a nullity. It would continue to bind the
    parties unless set aside.”

    52. This principle makes distinction between an order which is
    wrong and an order which is without jurisdiction. Whether the
    order dated 14 February 1964 falls in one category or the other
    cannot be decided only by making an allegation. That question will
    necessarily depend upon the facts available on record and the
    nature of jurisdiction exercised by the Agricultural Lands Tribunal.
    The Petitioners have asserted that the proceedings continued
    against a dead tenant. On the other hand, the Respondents have
    pointed out that despite directions, the Petitioners themselves did
    not produce the complete order dated 14 February 1964.
    Therefore, it cannot even be verified whether the legal
    representatives had been brought on record. These rival
    submissions therefore require examination on the basis of the
    available material.

    53. Thus, after considering the statutory provisions and the
    authorities relied upon by both sides, it appears that the present
    controversy is not confined to the concept of deemed purchase
    under Section 32. The issue appears to be whether such statutory
    purchase continues without interruption even after the Legislature
    has enacted an provision like Section 88(1)(b), and whether the
    order passed in the year 1964 can be ignored as a nullity or
    whether it continues to bind the parties until it is set aside in

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    accordance with law.

    54. The stand taken by the Petitioners is that their predecessor
    became a deemed purchaser on the Tillers’ Day under Section 32.
    According to them, once the statute treated the tenant as
    purchaser, ownership came into existence by operation of law.
    They submit that a later event, namely inclusion of the land within
    municipal limits, could not remove rights which had come into
    existence. For this proposition, reliance has been placed upon the
    decisions in Ankush Hiraman Magar and Pralhad Ganaba Kapare.
    Those judgments proceed on the footing that Section 32 creates a
    statutory fiction and that the purchase is deemed to have taken
    place on the Tillers’ Day. They proceed on the basis that such
    purchase can fail only in those situations which the Act recognises.

    55. While considering the above submission, this Court cannot
    ignore the language used by the Legislature in Section 32. The
    section does not create an unconditional purchase. It states that
    the deemed purchase is “subject to the other provisions of this
    section and the provisions of the next succeeding sections.” These
    qualifying words form part of the enactment and therefore cannot
    be ignored while interpreting the scope of Section 32. The
    statutory purchase created by Section 32 has to be considered
    together with the remaining provisions of the statute.

    56. The Respondents have relied upon Section 88(1)(b). Their
    submission is that where the State Government has issued a
    notification reserving an area for non-agricultural or industrial
    development, the Legislature has declared that the earlier

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    provisions of the Act shall not apply. They contend that the
    language used in Section 88(1)(b) was intended to operate as an
    overriding provision. Therefore, once the notification is made
    applicable to a particular area, the rights claimed under Chapter III
    cannot continue only because the tenant had become a deemed
    purchaser.

    57. The above submission gets support from the judgment of the
    Supreme Court in Parvati. In that judgment, the Supreme Court
    examined Section 88(1)(b) under the Maharashtra enactment and
    interpreted the effect of the notification issued thereunder. The
    Court held that the notification operated retrospectively and that,
    subject to the statutory exceptions, rights claimed under the Act
    did not continue in respect of notified lands. The Supreme Court
    rejected the contention that Section 89(2)(b) preserved such rights
    notwithstanding the notification. Since the controversy before this
    Court also concerns Section 88(1)(b) of the Maharashtra Act, the
    interpretation placed by the Supreme Court cannot be ignored.

    58. The Petitioners attempted to distinguish the above decision
    by relying upon Tribhovandas Haribhai Tamboli. However, after
    examining the said judgment, it appears that the controversy there
    arose because of two provisos introduced by the Gujarat
    Amendment Act, 1965
    . The Supreme Court noticed the earlier
    decision in Parvati and explained the context in which the
    controversy had arisen. Those statutory amendments do not exist
    in the Maharashtra legislation. Therefore, the observations made
    in Tribhovandas have to be understood in the background of the
    Gujarat amendments and cannot govern disputes arising under the

    23
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    Maharashtra Act.

    59. The same position applies while examining the reliance
    placed upon Ankush Hiraman Magar. The observations made
    therein regarding the legal fiction created by Section 32 continue
    to have significance. However, the controversy before the learned
    Judge in that matter arose under a different statutory setting
    involving Sections 88C and 43C. The consequences flowing from
    Section 88(1)(b), after the later decision of the Supreme Court in
    Parvati, did not arise for consideration. Therefore, though the
    principles stated therein remain relevant, they cannot answer the
    issue arising in the present petitions.

    60. The Petitioners have next submitted that the order dated 14
    February 1964 deserves to be ignored altogether because it was
    passed against a deceased tenant and therefore suffers from a
    complete lack of jurisdiction. This Court finds difficulty in
    accepting the submission. The Petitioners were called upon before
    the authorities to produce the complete order dated 14 February
    1964. Despite such opportunity, the original order together with its
    complete cause title has not been produced. In the absence of that
    record, it is not possible to arrive at a conclusion whether the legal
    representatives had or had not been brought on record before the
    order was passed. Since the Petitioners seek to establish that the
    order is a nullity, the burden to establish such plea rests upon
    them. Mere assertion unsupported by the original proceedings
    would not be sufficient to establish that the entire adjudication
    was conducted against a dead person.

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    61. In this connection, the principle explained by the Supreme
    Court in V.S. Charati assumes considerable importance. The
    Supreme Court has recognised that an order passed by a
    competent authority does not become a nullity merely because
    another legal interpretation may be possible. Unless such order is
    set aside by a competent forum, it continues to bind the parties.
    This distinction between an erroneous order and an order without
    jurisdiction cannot be ignored while examining the controversy.

    62. Taking an overall view of the matter, this Court is satisfied
    that the Petitioners have raised questions concerning the operation
    of Section 32, the effect of the notification issued under Section
    88(1)(b)
    , and the manner in which the proceedings were
    conducted. However, they have not established that the order
    dated 14 February 1964 is so void that it can be ignored. The
    interpretation placed by the Supreme Court in Parvati continues to
    bind this Court while construing Section 88(1)(b) of the
    Maharashtra Act. Likewise, the principle stated in V.S. Charati
    makes it clear that an order does not become non est merely
    because it is alleged to be incorrect.

    63. For these reasons, this Court is unable to decide the
    controversy only on the assumption that the order dated 14
    February 1964 was void. The correctness of that order has to be
    examined within the provisions of the Bombay Tenancy and
    Agricultural Lands Act, 1948
    , particularly Section 88(1)(b), and in
    the light of the decisions of the Supreme Court. The authorities
    relied upon by both sides arose in different contexts and,
    therefore, each of them has to be understood in the facts of each

    25
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    case. The determination must depend upon the reading of the
    statutory provisions, the notification issued under Section 88(1)

    (b), the effect of the order dated 14 February 1964, and the
    material which is established on record.

    64. On perusal of the record, it appears that the Petitioners
    questioned the order dated 14th February 1964 by filing an appeal
    under Section 74 of the Bombay Tenancy and Agricultural Lands
    Act, 1948 only in the year 2008. Thus, the challenge was brought
    after decades from the date on which the order came to be passed.
    Such long lapse of time required the Petitioners to place before the
    appellate authority a convincing explanation for not approaching
    the authority within limitation.

    65. The record further shows that the appeal was initially
    dismissed on 28th March 2008 on the ground that it was not
    maintainable. However, the matter continued to appear on the
    board and further dates were assigned. According to the
    Petitioners, on 25th August 2008 the appellate authority merely
    recorded that since the appeal had been dismissed by the earlier
    order dated 28th March 2008, there was no necessity of passing
    any order. According to the Petitioners, this sequence of events
    created confusion regarding the actual status of the proceedings.
    Even if such submission is taken into consideration, it still
    remained necessary for the Petitioners to explain the subsequent
    period because the conduct of the parties after the alleged
    confusion also assumes importance.

    66. The Maharashtra Revenue Tribunal, while considering the

    26
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    application for condonation of delay, examined the explanation
    offered by the Petitioners regarding the period subsequent to 25th
    August 2008. The Tribunal noticed that even after the alleged
    order or Roznama entry dated 25th August 2008, the Petitioners
    did not immediately apply for obtaining a certified copy. Instead,
    the application for certified copy came to be made only on 11th
    November 2009. The Tribunal found that there was no explanation
    for this period between 25th August 2008 and 11th November
    2009. According to the Tribunal, mere assertion that the
    Petitioners were unaware of the position was not sufficient in the
    absence of any material showing diligence. On that reasoning, the
    Tribunal concluded that sufficient cause had not been established.

    67. The Tribunal did not stop at examining the delay occurring
    after the proceedings before the appellate authority. It also
    considered the question relating to the delay in filing the appeal
    against the original order dated 14th February 1964. The Tribunal
    examined the Petitioners’ contention that the said order was a
    nullity and therefore could be challenged at any point of time.
    After considering the material placed before it, the Tribunal did
    not accept that contention. It formed the opinion that the order
    dated 14th February 1964 could not be treated as a nullity merely
    because such allegation had been made by the Petitioners. Once
    the Tribunal reached that conclusion, it proceeded on the footing
    that the normal principles of limitation and condonation of delay
    will apply.

    68. In my opinion, the approach adopted by the Tribunal cannot
    be said to be either arbitrary or contrary to law. The Tribunal has

    27
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    examined both aspects of the matter. Firstly, it considered whether
    sufficient explanation had been offered for the delay occurring
    after the proceedings of August 2008. Secondly, it also examined
    whether the original order dated 14th February 1964 could be
    regarded as a nullity so as to render the question of limitation
    irrelevant. After recording reasons on both issues, the Tribunal
    concluded that the Petitioners had failed to establish sufficient
    cause. Merely because another view may also be possible on the
    facts would not justify interference under Article 226 of the
    Constitution of India.

    69. Once the Tribunal held that the order dated 14th February
    1964 was not a nullity, the Petitioners could not avoid explaining
    the enormous delay in approaching the appellate authority. In my
    considered opinion, therefore, the order passed by the
    Maharashtra Revenue Tribunal does not warrant interference in
    exercise of writ jurisdiction. Once the Revisional Authority has
    examined the issue of delay on the basis of the material available
    and has arrived at a plausible conclusion, this Court would not
    substitute its own view merely because another conclusion could
    also have been reached.

    70. Accordingly, I am of the opinion that no case is made out for
    interference with the impugned order. The writ petitions, being
    devoid of merit, are therefore dismissed.

    71. In the facts and circumstances of the case, there shall be no
    order as to costs.

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    72. Pending interim application(s), if any, shall stand disposed
    of.

    (AMIT BORKAR, J.)

    29



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