MANDABAI CHANDRAKANT SURYAWANSHI AND OTHERSversusTHE DISTRICT SUPERINTENDENT OF LAND RECORD LATUR AND OTHERS

2026:BHC-AUG:21550
                                                             Writ Petition No.367/2019
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                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD


                              WRIT PETITION NO. 367 OF 2019


            Sow. Mandabai w/o Chandrakant Suryawanshi
            and others                                      ….Petitioners

                     VERSUS
            The District Superintendent of Land Record, Latur,
            and others                                       ….Respondents

                                              .......
            Mr. P.P. More, Advocate for petitioners
            Mr. S.A. Ambad, Advocate for R.No.3 to 7

                                             ....…

                                    CORAM : SIDDHESHWAR S. THOMBRE, J.
                                    DATE     : 8th MAY, 2026

            O R D E R:



            1.           Heard learned counsel for the respective parties.


            2.           It is brought to my notice that, in the present petition,

            the order dated 12/11/2018, passed by the District Superintendent,

            Land Records, Latur in Appeal No.Astha-2/Appeal/SR8/18 is

            assailed, whereby the application for condonation of delay in filing

            the appeal came to be allowed.
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3.         Learned counsel for respondents No.3 to 7 raises a

preliminary objection by pointing out that against the order passed

by the District Superintendent, Land Record, the petitioners are

having remedy of filing appeal under Section 247 of the

Maharashtra Land Revenue Code, 1966 (for short the Code of

1966).


4.         Mr. More, learned counsel for the petitioners submits

that, in fact the order passed by the District Superintendent, Land

Records is without jurisdiction under the Code of 1966 and the

District Superintendent, Land Records does not have power to

entertain the application filed by the respondents No.3 to 7.

Therefore, once the order is passed without jurisdiction, the said

order is non est in the eyes of law, therefore, the question of filing

appeal under Section 247 of the Code does not arise.


5.         Having considered the rival submissions advanced by

the learned counsel for both the parties, the District Superintendent,

Land Records does not have any power to decide the issue which is

involved in the present petition. In fact, if any application is filed

before the Superintendent, Land Record, the Superintendent, Land
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Record is required to get the record and conduct enquiry and

forward the same to the Deputy Director, Land Records for passing

necessary orders. In this case, the District Superintendent of Land

Records himself has condoned the delay and passed the order.

Therefore, as the learned counsel for respondents No.3 to 7 has not

pointed out any powers vested with the District Superintendent,

Land Records.


6.          The   Hon’ble Apex Court,         in   case of      Whirlpool

Corporation Vs. Registrar of Trade marks & ors. (1998) 8 SCC 1,

held that, if the authority exercising the powers does not have

jurisdiction to entertain the same, as well as if there was violation of

principles of natural justice, this Court can certainly interfere with

the order passed by the authority who passed the order without

jurisdiction.


7.          Therefore, in such situation, there is no bar to entertain

the petition even if there is alternate remedy available. In view

thereof, I am inclined to allow this Writ Petition.


8.          In the result, the Writ Petition is allowed. The order

dated 12/11/2018, passed by the District Superintendent, Land
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Records, Latur in Appeal No.Astha-2/Appeal/SR8/18 is hereby

quashed and set aside.       The parties to appear before the

Superintendent, Land Records, Latur, who shall, after considering

the objection by both the sides, to forward the proposal to the

Deputy Director of Land Records, Aurangabad.            The Deputy

Director, Land Records, Aurangabad to hear both the parties and

pass an appropriate order in accordance with law.



                            (SIDDHESHWAR S. THOMBRE, J.)




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