Shri. Shravan Rama Patil v. Shri. Laxman Bhau Patil And ORS

DSS 905-wp-1065-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1065 OF 2015 Shravan Rama Patil .. Petitioner vs.

Laxman Bhau Patil and ors.

.. Respondents Mr. Sandip Ghogare for the Petitioner.

None for the Respondents.

CORAM :

M. S. SONAK, J.

DATE : 4 MARCH, 2015 P.C. :- 1] This petition challenges the order dated 12 August 2013 made by the Maharashtra Revenue Tribunal (MRT) allowing the revision application instituted by the respondents and holding that the petitioner's application under Section 84-C of Maharashtra Tenancy and Agricultural Lands Act, 1948 (said Act) was correctly entertained after a lapse of almost 45 years. 2] Learned counsel for the petitioner contends that Section 84-C of the said Act does not prescribe any time limit as such. Though this position is correct, in absence of any time limit laid down by the law, there is a requirement that the parties should approach the authorities within a reasonable period. In the context of Section 84C of the said Act, the Apex Court in case of Mohammed Kavi 1/2

DSS 905-wp-1065-15 Mohamad Amin Vs. Fatmabai Ibrahim reported in (1997) 6 SCC 71 and this Court in case of Govind Babu Khot since deceased by heirs & Lrs. State of Maharashtra reported in 2009(5) Mh.L.J.732 has held action under Section 84-C of the said Act can be initiated within a reasonable period only, notwithstanding the circumstance that the legislature has not provided for any period of limitation as such. 3] In the light of law laid down in the aforesaid decisions, it is not possible to fault the decision of the MRT. 4] Accordingly, present petition is dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) dinesh 2/2