Created by Fuzzy Cloud

Bombay High Court

DEVRAJ BABASAHEB PATIL AND ANRversusTHE STATE OF MAHARASHTRA THROUGH THE REVENUE DEPT. AND ORS

Disposal
Disposed Off

Holding

The petition is disposed as premature because no division has been effected and the statutory procedure has not been triggered.

Summary

The petitioners challenged the division of Paal village in Karad Taluka, Satara District, alleging that the division into an independent revenue area was effected without complying with the procedure mandated by Section 4(4) of the Maharashtra Land Revenue Code, 1966. They submitted an affidavit dated 18‑10‑2023 indicating that no draft notification had been published, thereby denying villagers the opportunity to raise objections. The petitioners also relied on a communication dated 13‑06‑2023 from the Divisional Commissioner, which stated that due to substantial opposition, the division was not recommended. The Court observed that, in the absence of any draft notification or subsequent action effecting the division, the petition was premature. Consequently, the Court disposed of the petition, noting that the petitioners may revive the suit if the division is later pursued.

Issues considered

  • Whether the division of Paal village into an independent revenue area was carried out in violation of the procedural requirements of Section 4(4) of the Maharashtra Land Revenue Code, 1966.

Legislation cited

Subjects

  • land revenue
  • village division
  • procedural compliance
  • Section 4(4)
  • writ petition
  • Maharashtra

Judgment

                                                                                       16-WP-6472-2023.doc


          Digitally signed
          by HARISH
                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH    VITHAL
VITHAL    CHAUDHARI                                  CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
          2026.08.18
          19:54:09 +0530                             CIVIL APPELLATE JURISDICTION

                                                   WRIT PETITION NO. 6472 OF 2023

                             Devraj Babasaheb Patil And Another                       ...Petitioners.
                                     Versus
                             The State Of Maharashtra
                             Through The Revenue Dept. And Others                     ...Respondents.

                                                              ——————
                             Mr. P. B. Shah a/w Gunjan Shah & Rahul Patil for the Petitioners.
                             Mr. V. M. Mali, AGP for the Respondent-State.
                             Mr. Manoj Patil a/w Siddhesh Kadam i/b Akash Murudkar for Respondent No. 7.
                                                              ——————

                                                                Coram :    Sharmila U. Deshmukh &
                                                                           Neeraj P. Dhote, JJ.
                                                                Date     : August 18, 2026.
                             P. C. :

                             1.        The challenge in the present petition was to the division of Paal

                             village, Taluka Karad, District Satara, without following the prescribed

                             procedure under Section 4(4) of the Maharashtra Land Revenue Code,

                             1966.

                             2.        Mr. Shah, learned counsel appearing for the petitioners, points

                             out the aidavit dated 18.10.2023 iled by the Tehsildar, Karad, District

                             Satara, stating that there is no draft notiication which has been

                             published under Section 4(4). If any such notiication is published as far

                             as the declaration of the said village as an independent revenue area is

                             concerned, the petitioners and all other afected villagers will get an


                             Harish                             1 of 2
                                                              16-WP-6472-2023.doc


opportunity to submit their objections. Therefore, the petition is

premature. He further points out the communication of 13.06.2023

from the Divisional Commissioner, Pune Division, Pune, stating that as

there is opposition to the proposal by substantial villagers, the division

of the village as an independent revenue village is not recommended

for now. He further submits that subsequent to this notiication of

2023, there is no action which has been taken and there is no division.

3.       In view of the above, the petition is disposed of.

4.       It is open for the petitioners to revive the cause in the event the

said Paal village is sought to be set up as an independent revenue area.



 [Neeraj P. Dhote, J.]                         [Sharmila U. Deshmukh, J.]




Harish                              2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.