01Facts
The Petitioners, claiming to be co-owners of ancestral property (Gat No. 57, Nashik), alleged they entered into a 99-year lease agreement dated 13th November 1997 with Respondent No. 1 for a consideration of Rs. 90,000/-
¶ 2-3The Petitioners challenged the deletion of their names from the Record of Rights by the Respondents.
¶ 4-5While the Sub-Divisional Officer initially confirmed the Petitioners' names in 2023, the Tahsildar and the Additional Divisional Commissioner subsequently ruled in favor of the Respondents on 25th April 2025
¶ 4-5The Petitioners sought to quash the Commissioner’s order and the Circle Officer’s possession notice dated 9th June 2026, while requesting a fast-track decision on their pending Revision Application
¶ 1, 702Issues
i.1. Whether the alleged 99-year lease agreement and subsequent possession by the Petitioners create valid legal rights or are a sham transaction?
¶ 10ii.2. Whether the transfer of land belonging to a member of a Scheduled Tribe (Adivasi) without requisite statutory permission is legally valid?
¶ 1203Law Applied
notarized documents lack evidentiary value in establishing title or long-term leasehold rights in the absence of registered instruments
¶ 10statutory restriction on the transfer of tribal land (Adivasi land), which mandates prior permission from competent authorities for any valid alienation or transfer of interest
¶ 12plenary powers under Article 226 of the Constitution of India to pass orders aimed at curtailing frivolous litigation and subserving the ends of justice
¶ 13(b)Provisions in the judgment · 5 · Linked ones open on LawLens
Maharashtra Land Revenue Code, 1966 Section 247Section 257Section 149Section 150
Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 Section 3
04Reasoning
The Court scrutinized the 1997 Agreement and found it to be a "sham" because it was merely a notarized document with no evidentiary weight
¶ 10The Court noted the absence of proof regarding the payment of consideration, as the document vaguely claimed payments were made "from time to time" without supporting receipts
¶ 10Most significantly, the Court observed that Respondent No. 1 is an "Adivasi" (Scheduled Tribe member). Under the law, any transfer of tribal land without the requisite permission from the concerned authorities is impermissible and void; the Petitioners failed to demonstrate such permission was obtained
¶ 12Consequently, the Court found the Additional Divisional Commissioner’s order to be well-reasoned as it correctly addressed the illegality of the land transfer
¶ 1205Holding
The High Court dismissed the Writ Petition, finding no merit in the Petitioners' claims
¶ 13(a)the Court exercised its Article 226 powers to simultaneously dismiss the Revision Application pending before the Minister for Revenue
¶ 13(b)The Court upheld the order of the Additional Divisional Commissioner and directed its implementation (including the transfer of possession) within four weeks
¶ 13(d)No costs were awarded
¶ 13(e)Original Court PDF
Suka Mahadu Khade And OrsvsBababai Tukaram Shevre And Ors
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