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Bombay High Court

PUNJARAM RAGHUNATH BHALEKARversusTHE STATE OF MAH AND ORS

Disposal
DISPOSED OFF

Holding

The order reducing the land area was quashed and the matter remitted for rehearing with an opportunity of hearing.

Summary

The petitioners challenged the order dated 26.08.2011 issued by the Minister for Revenue, which dismissed their revision and upheld an earlier order that reduced the recorded area of their land from 3 acres 26 gunthas to 3 acres after a consolidation scheme. The petitioners contended that the reduction was erroneous, that the 7/12 extracts for 1959‑60 and 1964‑65 clearly showed the larger area, and that the authorities failed to conduct a proper inquiry or afford a fair hearing. The respondents admitted that the petitioners were not given an opportunity of hearing. The Court held that the order was unsustainable as it violated principles of natural justice and was bereft of reasons. Consequently, the order was quashed, the matter was remitted to the Minister for Revenue to rehear with a proper hearing, and the writ petition was disposed.

Issues considered

  • What is the correct area of the land as per the 7/12 extracts and the consolidation scheme?
  • Did the authorities violate the principles of natural justice by not providing a hearing before reducing the land area?
  • Is the order of the Minister for Revenue, endorsing the reduction, legally sustainable?

Subjects

  • land records
  • consolidation scheme
  • natural justice
  • right to hearing
  • writ petition
  • revenue law
  • land area reduction

Judgment

2026:BHC-AUG:42261
                                                  1                      64-WP-8341-14.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               WRIT PETITION NO. 8341 OF 2014

                                 PUNJARAM RAGHUNATH BHALEKAR
                                               VERSUS
                             THE STATE OF MAHARASHTRA AND OTHERS
                                                  ...
                            Advocate for Petitioners : Mr. Pramod F. Patni
                                AGP for Respondents : Mr. P. D. Patil
                                                  ...

                                           CORAM :        SACHIN S. DESHMUKH, J.
                                           DATE       :   08-09-2026
                PER COURT:-

                1.   This petition challenges the orders, dated 26.08.2011

                rendered by respondent No.2 Minister for Revenue, in Case

                No.3908/385     Case   No.118/L-1,    dismissing   the   revision    and

                endorsing order dated 28.10.1996 rendered by respondent No.3 -

                the Deputy Inspector Land Records, Aurangabad, in respect of land

                Gut No.149 area 26 Guntha, situated at Nipani, Taluka and District

                Aurangabad.

                2.   The original area of the land was 3 Acres 26 Gunthas

                (corresponding to old Survey No. 55/2), however, following the

                implementation of the consolidation scheme, the area was

                erroneously reduced to 3 Acres resulting in a shortfall of 26

                Gunthas .

                3.   The learned counsel for the petitioners submits that the 7/12

                extracts for the period 1959-60 and 1964-65 indicate the area as 3

                Acres 26 Gunthas.      It is further submitted that the authorities
                                 2                       64-WP-8341-14.odt



below failed to conduct a proper inquiry, while ignoring the record

indicating holdings of the petitioner’s post implementation of the

scheme, and passed the order under challenge without granting a

fair opportunity of hearing. As such, the orders are unsustainable

and bereft of reasons.

4.    When confronted, the learned A.G.P. fairly concedes the

same.

5.    In view of the above and considering that the petitioners

have been deprived of the opportunity of hearing, the order under

challenge needs to be quashed and set aside.

6.    Accordingly, the matter is remitted back to respondent No.2

– Minister for Revenue.

7.    Respondent No.2 shall rehear the matter by extending an

adequate opportunity of hearing to the respective parties and pass

an appropriate order in accordance with law.

8.    The concerned authority shall make an endeavour to decide

the same expeditiously and preferably within a period of four

months from the date of receipt of writ of this order.

9.    With the aforesaid directions, the writ petition stands

disposed of. Pending civil application, if any, stands disposed of.




                                 [SACHIN S. DESHMUKH]
                                         JUDGE
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