Bombay High Court
MANGAL PRABHAKAR JADHAV AND ORSversusDIVISIONAL COMMISSIONER NASHIK AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- M S KARNIKS M MODAK
Holding
The proposal for transfer of the tribal land must be decided expeditiously, within 16 weeks of the court's order.
Summary
The petitioners, including Mrs. Mangal Prabhakar Jadhav, sought the transfer of a tribal Inam land (gat no. 80) in Nashik district, for which the Additional Collector, Malegaon, had forwarded a proposal to the Divisional Commissioner on 13‑Nov‑2025. The petitioners alleged inaction and delay by the Divisional Commissioner in deciding the proposal. The court noted that the land is governed by the Maharashtra Land Revenue Code, 1966 and that the petitioner belongs to a Scheduled Tribe, warranting prompt consideration. It directed the Divisional Commissioner and the Government of Maharashtra to process the proposal expeditiously, within 16 weeks of the order. The writ petition was disposed of, keeping all contentions open.
Issues considered
- Whether the delay by the Divisional Commissioner, Nashik in deciding the proposal for transfer of tribal Inam land violates the petitioners' rights
- Whether the court can direct the administrative authority to decide the proposal within a specified time
Legislation cited
Subjects
- tribal land
- Adivasi Inam
- Scheduled Tribe
- land transfer
- prior approval
- administrative delay
- Maharashtra
- land revenue
Judgment
Ingale 46-WP1262-26.odt
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
URMILA
PRAMOD
by URMILA
PRAMOD
INGALE
CIVIL APPELLATE JURISDICTION
Date:
INGALE 2026.03.05
17:54:59
+0530
WRIT PETITION NO. 1262 OF 2026
Mrs. Mangal Prabhakar Jadhav and ors. … Petitioners
Versus
Divisional Commissioner, Nashik and ors. .… Respondents
****
Ms. Ankita Pawar, for the Petitioners.
Mr. O.A. Chandurkar, Addl. GP a/w Mr. Y.D.Patil, AGP, for the
Respondent-State.
****
CORAM : M.S.KARNIK &
S.M.MODAK, JJ.
DATE : 4th MARCH 2026
P.C. :
1. Heard learned counsel for the petitioners. We have also
heard learned AGP who opposed the petition.
2. The petitioners are aggrieved by the in-action on the part of
respondent no.1- Divisional Commissioner, Nashik in deciding the
proposal dated 13/11/2025 forwarded by the respondent no. 2-
Additional Collector, Malegaon to the respondent no.1-Divisional
Commissioner, Nashik. Petitioner no.1 claims to be in lawful
possession of land bearing gat no. 80, admeasuring 0.64 ares
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Ingale 46-WP1262-26.odt
situated at Daregaon, Taluka-Malegaon, District Nashik which is an
Adivasi Inam land governed by the provisions of the Maharashtra
Land Revenue Code, 1966. Petitioner no.1 who belongs to the
Scheduled Tribe, made an application to respondent no.2 –
Additional Collector, Malegaon, requesting permission to sell her
tribal land bearing gat no. 80 to the present petitioners no. 2 and 3
on 24/03/2023. Thereafter, a departmental enquiry was
conducted by the Madal Adhikari and respondent no. 3- Tahsildar.
Upon completing the scrutiny and preliminary enquiry, a report
was sent by respondent no. 3- Tahsildar, Malegaon on 07/07/2023
to the Additional Collector, Malegaon. In the meantime, the
petitioners received a temporarily approved plan of the proposed
construction of a godown on the said land from the Municipal
Corporation. The petitioners no. 2 and 3 have also paid the taxes
in respect of the said gat no. 80. Respondent no. 2- Additional
Collector, Malegaon has recorded in his proposal that he has no
objection to submitting a proposal for grant of prior approval by
the State Government for transfer of the said land from a tribal to
a non-tribal for non-agricultural purpose. The report was sent by
him for further submission to the State Government through the
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office of the Divisional Commissioner, Nashik. This proposal is
dated 13/11/2025.
3. Considering that the petitioner no. 1 belongs to the
Scheduled Tribe category and made an application dated
24/03/2023 seeking permission to sell her tribal land, we are of
the view that the proposal dated 13/11/2025 forwarded by the
respondent no. 2- Additional Collector, Malegaon to respondent
no. 1- Divisional Commissioner, Nashik be decided expeditiously.
Accordingly, in the facts and circumstances of the present case, we
request respondent no. 1- Divisional Commissioner, Nashik and
respondent no. 4- Government of Maharashtra to process the
proposal in accordance with law expeditiously and, in any case,
within a period of 16 weeks from the date of communication of
this order.
4. Keeping all contentions open, the writ petition is disposed of.
(S.M.MODAK, J.) (M.S.KARNIK, J.)
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