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
rrd
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