Anant S/O Subhash Lone And Others v. The State Of Maharashtra, Thr. Secretary, Dept. Of Rural Devpt. And Welfare, Mumbai And Others

2024:BHC-NAG:9206-DB 1 33.WP.3088-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3088 OF 2024 ( Anant S/o Subhash Lone & Ors.

Vs.

The State of Maharashtra, Thr. Its Secretary, Department of Rural Development and Welfare, Mantralaya Mumbai & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.S. Manohar, Advocate for the Petitioners. Mr. H.R. Dhumale, AGP for the Respondents/State. CORAM: AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.

DATED : 19th AUGUST, 2024 Heard.

2.

It is not disputed that, under the provisions of Section 155 of the Maharashtra Land Revenue Code, 1966 upon receipt of a report by the concerned Talathi/Patwari, the Tahsildar will have the powers to correct any clerical errors made in the revenue record which may include the nature of cropping pattern or holding of the said property. This has also been so held in Western Coalfields Limited, Nagpur Vs. Tahsildar, Kamptee & Ors., Writ Petition No.3583/2021 with connected matters, decided on 16.09.2022, which is a view to which we agree, considering which, the impugned order is hereby quashed and set aside and the Tahsildar/Respondent No. 5, is directed to decide the application under Section 155

2 33.WP.3088-2024.odt of the Maharashtra Land Revenue Code, 1966 filed by the Petitioners in terms of the law as applicable. The same be done within a period of four weeks from today. 3.

The Petition is allowed in the above terms. No costs.

4.

Pending application/s, if any, shall stand disposed of accordingly.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 20/08/2024 16:46:01