Whether tahsildar can make appeal against the decision of sdo
Adv.Vishal Anil Vyavahare
(Querist) 08 July 2012
This query is : Resolved
Hi Sir,
My Client is Government undertaking company i.e. Soma Tollways who has constructed National Highway Road, purchased Agricultural Land for Non Agri. purpose and afterwards converted into N.A. land.
Meanwhile Tahsildar declared that Sale Deed invalid because Company is not Agriculturist and confiscated under provisions of Maharashtra Land Revenue Code due to breach of condition.
On revision SDO set aside the order passed by Tahsildar and held that Sale Deed is Valid because it is not necessary that company should be agriculturist as it is working for Government and empower to acquire or purchase any land for that purpose.
Aggrived from that order of SDO Tahsildar filed appeal in Court of Additional Collector for setting aside order of SDO.
Whether Tahsildar is competent or having power to file Appeal against the order of his Superior Officer?
Whether Tahsildar is aggrieved party within the meaning of provisions of CPC ?
Whether Collector and SDO has power to declare sale deed valid or invalid ?
If yes or not please suggest the proper remedy and case laws for above.
Guest
(Expert) 08 July 2012
1) Nowhere it has been provided that any official/officer cannot approach for justice to the higher authorities against his superiors in due discharge of his official duties. The Tehsildar can therefore file an appeal if he feels that the interest of the State is being jeopardised by an order of some superior authority.
2) Aggrieved or not, Tehsildar cannot be supposed to be acting in his individual and personal capacity, rather he would be acting for and on behalf of the Government of the State.
3) If you feel that the SDO has no power to declare the sale deed as valid or invalid, you should also have treated the judgment of the SDO against the decision of the Tehsildar, as invalid and out of his bounds to declare the sale deed as valid.
Regarding the Collector, he being the revenue authority of the District, has the power to decide on merits of the case about the validity of the sale and use of agricultural land for non-agricultural purposes.
4)Fight the case on merits, if acquisition of agricultural land has already been notified by the state for the purpose for which the land is being used. Any acquisition of agricultural land for the use by the Government nneds to be duly notified. Government undertakings are also alike other companies/ business entities and do not automatically acquire the authority of a Government or encroach upon the authority vested in some specific Government Officer of the State or Centre.
ashutosh mishra
(Expert) 08 July 2012
You are advised to check in the provisions of
the Maharashtra Land Revenue Code, 1966.Only then you can know correct answer to your questions.As it is state code I do not have any copy thereof nor could get any one on net
search.
