Bombay High Court

Bombay High Court: Tahsildar's Land Ownership Order Overturned

Updated
Nov 15, 2025 10:31 PM
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Summary: A case involving land ownership in Beed took a dramatic turn when the High Court overturned a local official's decision to cancel a 65-year-old land ownership certificate. The case was filled with claims of cheating and issues about authority.

The Case Begins: A Family's Fight for Land

The case involved a group of people, including Shankar Laxman Kurule and others, challenging an order by the local official of Beed. The order canceled entries in the record about land in Talegaon, claiming the original certificate from 1960 was obtained through cheating.

Tahsildar's Controversial Decision

The local official's decision to cancel the certificate was based on a request by Pooja Shashikant Deshbhratar, who was representing Shaikh Sabiya Anjum Shakil. They argued that the certificate was obtained through cheating and should be taken back.

"The certificate issued under the 1950 Act was canceled," stated the local official.

Petitioners' Stand: A Question of Authority

Shankar Laxman Kurule and his fellow petitioners argued that the local official acted beyond his authority. They claimed the certificate was issued legally and had been valid for decades, making its sudden cancellation unfair.

Respondent's Argument: Cheating Claims

The respondent's lawyer, Mr. R.N. Dhorde, argued that the certificate was obtained through cheating. He cited past legal cases to support the claim that cheating makes all legal actions invalid.

"Cheating cancels all legal actions," he argued, referencing past cases.

Court's Analysis: Authority Matters

Justice Arun R. Pedneker noted that the local official had no authority to cancel the certificate after such a long time, especially without clear evidence of cheating. The court emphasized that the original certificate was a formal declaration under the law.

Verdict: Court Overturns Tahsildar's Order

Ultimately, the High Court sided with Shankar Laxman Kurule and the other petitioners, canceling the local official's order. The court stressed the importance of authority and proper legal procedures.

This case highlights the complexities of land ownership disputes and the importance of following legal procedures and authority boundaries.