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Bombay High Court

SURESH DATTU PADOLE AND ANOTHERversusPANDHARINATH PANDURANG PADOLE AND OTHERS

Disposal
DISPOSED OFF

Holding

An application for correction of land records cannot be dismissed solely on the ground of delay where the applicant was unaware of the erroneous reduction, and the authority must examine and rectify the discrepancy.

Summary

The petitioners, owners of land in Ahmednagar, alleged that after a consolidation scheme the recorded area of their property was reduced for certain survey numbers. They filed an application for correction of the area and for condonation of delay, which was rejected by the District Superintendent of Land Records, Ahmednagar, and the rejection was upheld by the Deputy Director of Land Records, Nashik. The petitioners contended that they had no prior knowledge of the reduction and that the delay ground was therefore inappropriate. The High Court held that the authorities could not dismiss the application solely on the basis of delay when the petitioners were unaware of the erroneous entry and that the unilateral deduction caused prejudice. Consequently, the court set aside the impugned orders, directed a fresh consideration with a hearing, and ordered any discrepancy to be rectified in accordance with law.

Issues considered

  • The validity of rejecting a correction of land record application on the ground of delay when the applicant was unaware of the erroneous reduction.
  • Whether the authorities must justify the basis for reduction of recorded land area after consolidation.
  • Whether the impugned orders of the District Superintendent and Deputy Director should be quashed.

Subjects

  • land consolidation
  • correction of record
  • condonation of delay
  • land revenue
  • writ petition
  • quashing order
  • hearing
  • land records

Judgment

2026:BHC-AUG:16273
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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               901 WRIT PETITION NO. 8793 OF 2016

                                SURESH DATTU PADOLE AND ANOTHER
                                                VERSUS
                         PANDHARINATH PANDURANG PADOLE AND OTHERS
                                                   ...
                Mr. A. Patel and Mr. V. B. Kakde h/f. Mr. Abhijeet P. Avhad, Advocate for
                the Petitioners.
                Mr. Pradeep K. Palve, Advocate for Respondent No.1.
                Mr. D. R. Korade, Advocate for Respondent Nos.3 to 7.
                                                   ...

                                         CORAM :          SIDDHESHWAR S. THOMBRE, J.

                                         DATE     :       10th APRIL, 2026
                P.C.:-

                1.        Heard learned Advocates for the respective parties.

                2.        By the present petition, the Petitioners challenge the order

                dated 14.08.2014 passed by the learned District Superintendent of

                Land Records, Ahmednagar in File No. Amalgamation/Appeal/S.R.

                No.31/2014, whereby the application for condonation of delay filed by

                the Petitioners came to be rejected, which was confirmed by the order

                dated 31.03.2016 passed by the Deputy Director of Land Records,

                Nashik Division, Nashik in File No. Amalgamation/Appeal/S.R.

                No.387/2015/Ahmednagar.

                3.        Mr. A. Patel and Mr. V. B. Kakde holding for Mr. Abhijeet P.

                Avhad, learned Advocate for the Petitioners, invited my attention to the

                application at page No.9 and, in particular, paragraph No.5 thereof to

                submit that prior to the consolidation scheme, the area of the land was
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          recorded differently and, after consolidation, there appears to be a

          reduction in the area, particularly in respect of Survey No.14/6 (Gat

          No.39/1) and Survey No.14/8 (Gat No.36). It is contended that the

          issue pertains only to correction of the record and that the Petitioners

          continue to be in possession of the property as per the pre-

          consolidation record.     The Petitioners have filed application for

          correction of area before the District Superintendent of Land Records,

          Ahmednagar along with an application for condonation of delay, which

          came to be rejected. An appeal filed against the same was also rejected

          by Deputy Director of Land Records, Nashik. He submits that it was

          incumbent upon the authorities to justify as to on what basis the area

          came to be reduced after the consolidation scheme.

          4.        Per contra, Mr. Pradeep K. Palve, learned Advocate for

          Respondent No.1 and Mr. D. R. Korade, learned Advocate for

          Respondent Nos.3 to 7 support the impugned orders and pray to

          dismiss the present petition.

          5.        Upon perusal of the impugned orders, it is clear that

          application for correction of area came to be rejected on the ground of

          delay. Insofar as the aspect of delay is concerned, it is not the case that

          the Petitioners had prior knowledge of the altered entries. The record

          indicates that the change in area occurred after the consolidation

          scheme and, prima facie, such change appears to have been effected

          without the knowledge of the Petitioners. In such circumstances, the
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          delay in approaching the authority cannot be a ground to reject the

          application outright.    Deduction of area unilaterally causes serious

          prejudice to the Petitioners and bonafide application filed by the

          Petitioners to inquire the same requires scrutiny by the authorities. In

          view of the above, the impugned orders cannot be sustained and are

          liable to be set aside. Hence, the following order:

                                          ORDER

               (i)   The writ petition is allowed.

               (ii) The order dated 14.08.2014 passed by the learned
                     District Superintendent of Land Records, Ahmednagar in
                     File No. Amalgamation/Appeal/S.R. No.31/2014 and
                     the order dated 31.03.2016 passed by the Deputy
                     Director of Land Records, Nashik Division, Nashik in File
                     No.      Amalgamation/Appeal/S.R.           No.387/2015/
                     Ahmednagar are hereby quashed and set aside.


               (iii) The   District   Superintendent     of     Land   Records,
                     Ahmednagar is directed to reconsider the application by
                     granting an opportunity of hearing to the Petitioners as
                     well as the Respondents and to pass a reasoned order,
                     particularly addressing the issue as to on what basis the
                     area of the land came to be reduced after the
                     consolidation scheme.


               (iv) After reconsideration, the District Superintendent of
                     Land Records, Ahmednagar shall submit an appropriate
                     proposal, if required, to the Deputy Director of Land
                     Records, Nashik Division, Nashik.
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          (v) The Deputy Director of Land Records, Nashik Division,
               Nashik shall, upon receipt of such proposal, grant an
               opportunity of hearing to all concerned parties and pass
               appropriate orders in accordance with law.


          (vi) It is clarified that if any discrepancy in the recorded area
               is found, it shall be the duty of the concerned authority
               to rectify the same in accordance with law.


          (vii) The entire exercise shall be completed as expeditiously
               as possible.

                                         (SIDDHESHWAR S. THOMBRE, J.)




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