JUDGEMENT
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(1.)By the present Writ Petition instituted under Article 226 of the Constitution of India, the petitioners have invoked the
extraordinary writ jurisdiction of this Court, seeking to impugn the
judgment and order dtd. 7/3/2013, passed by respondent
No.1 in Application No.DEV-1012/P.K.130/L4, whereby respondent
No.1 has withdrawn the exemption earlier granted from payment
of land revenue in respect of the land in question, and has
withheld the privilege of exemption from payment of land revenue
as contemplated under Clause 66 of the Joglekar Law Manual.
(2.)The facts and circumstances giving rise to the filing of the present Writ Petition, briefly stated, are as under:
The land bearing Revision Survey No.1052/2, situated at Village Vita, Taluka Khanapur, District Sangli, admeasuring 14 Acres and 28 Gunthas (hereinafter referred to as "the said land") belonged to a religious institution, namely, Mhaswad Sidha Devasthan. The said land was classified as Devasthan Inam Class III land in the Land Alienation Register prepared by the Inam Commission, and the corresponding Sanad number of such Inam grant is recorded as 8673. The petitioners have placed on record a copy of the Inam Patrak obtained from the Pune Archives Office, which describes the said land as Devasthan Inam land. Furthermore, the Dumala Land Register (Gaon Namuna No.3), maintained in the village Chawdi by the Talathi under the supervision of the Tahsildar, reflects that the said land is recorded as Devasthan Inam land. The said register further evidences the existence of the Deity (Devasthan Institution), the continuance of religious rites and rituals associated therewith, and the utilization of profits and income generated from the land for the benefit of the Deity.
(3.)According to the petitioners, their predecessor-in-title, one Ganapati Vithu Gurav, was a priest (Gurav) who was performing
the religious rituals and managing the affairs of the said temple. It
is the case of the petitioners that the land bearing Revision Survey
No.1052 was part and parcel of the Inam land pertaining to the
said Deity and temple. In or about the year 1930, the name of
Dadu Rama Gurav came to be recorded in the revenue records in
respect of the said land, and subsequently, the name of Govind
Dadu Gurav was recorded. The Land Alienation Register, the
Dumala Register, Mutation Entry No.4669, and the Record of
Rights pertaining to the said land, as well as the Inam Patrak,
consistently describe the said land as Class III Devasthan Inam
land.
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