GURUDASSING NAWOOSING PANJWANI versus THE STATE OF MAHARASHTRAAND OTHERS

Citation: [2015] 15 S.C.R. 522 · Decided: 06-11-2015 · Supreme Court of India · Bench: M.Y. EQBAL · Disposal: Dismissed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

[2015) 15 S.C.R. 522 
A 
GURUDASSING NAWOOSING PANJWANI 
B 
v. 
THE STATE OF MAHARASHTRAAND OTHERS 
(Civil Appeal No. 5102 of 2006) 
NOVEMBER 06, 2015 
[M. Y. EQBALAND C. NAGAPPAN, JJ.] 
Maharashtra Land Revenue Code, 1966- ss.11, 257 
-and 259 - Second Revision u/s.257 - Entertained by State 
C 
Government - Maintainability of - Held: The provisions of 
the Code suggest that the State Government is the supreme 
revenue authority in revenue matters - The revenue officers 
are subject to superintendence, direction and control of State 
Government- Jurisdiction of the State is concurrent with the 
D jurisdiction of other Revenue officers in deciding the Revision 
- Even if the decision of the revenue authority is considered 
to be final, the State Government in exercise of its revisional 
as well as general power of superintendence and control can 
call for any record of proceedings and consider legality and 
E propriety of orders passed by the revenue officers u/s.257 -
The code does not bar exercise of revisional power second 
time by a superior officer or State Government- In the present 
case, it was well within jurisdiction of the State Government 
to entertain the second revision. 
F 
Dismissing the appeal, the Court 
HELD: 1. In view of the provision of Maharashtra 
Land revenue Code, 1966, it is clear that in revenue 
matters the State Government is the Supreme Revenue 
G Authority. The language and the words used in s.257 of 
the Code suggest that jurisdi.ction of the State 
Government is concurrent with the jurisdiction of other 
Revenue officers in deciding the revision. Hence, even 
if one party goes to the Commissioner in revision, the 
H State Government can still be approached under 
522 
GURUDASSING NAWOOSING PANJWANI v. THE STATE 
523 
OF MAHARASHTRAAND OTHERS 
Section 257 for revision. The power of revision exercised A 
by any Revenue officer including the Commissioner is 
a proceeding by a subordinate officer and the State 
Government can satisfy itself as to the legality and 
propriety of any decision including the order passed in 
revision by the Revenue officers. [Paras 22 and 27] [536-
B 
C; 539-F-H; 540-A] 
2. Further, in view of the fact that State Government 
itself appoints the Revenue officers including the 
Commissioner under the scheme of the Code and all 
Revenue officers are subordinate to the State C 
Government as per Section 11 of the Code, and even 
the Chief Controlling Authority in all matters connected 
with the land revenue in his Division is vested with the 
Commissioner, they are subject to the superintendence, 
direction and control of the State Government as D · 
provided .under Section 5 of the Code. The power of the 
State Government has further been widened by Section 
259 of the Code, which makes it clear that even .if the 
decision is considered to be final, the State Government's 
power to call for and examine the record and E 
proceedings of subordinate officers is saved. In other 
words, the State Government in exercise of its revisional 
as well as general power of superintendence and control 
can call for any record of proceedings and consider 
the legality and propriety of the orders passed by the F 
Revenue officers under Section 247 or 257 of the Code. 
[Paras 28, 29] [540-A-C, F-C] 
3. There is nothing in the Code to suggest that if 
these revisional powers are exercised by a Revenue 
officer who has jurisdiction, it cannot be further G 
exercised by a superior Revenue officer or by the State 
Government. A fair reading of Sections 257 and 259 
suggests that if revisional powers <Ire exercised by a 
Revenue officer having jurisdiction to do so, further H 
524 
SUPREME COURT REPORTS 
[2015] 15S.C.R. 
A revisional power can be exercised by the superior officer 
or by the State Government. [Para 30] [540-H; 541-A-B] 
/shwar Singh vs. State of Rajasthan and Others 
2005 (1) SCR 96 : (2005) 2 SCC 334- relied on. 
4. Therefore, in the present case, the Minister 
B concerned of the State Government can entertain 
second revision to satisfy the legality and propriety of 
the order passed by the Revenue Officer. [Para 32] 
[542-B] 
c 
Case Law Reference 
2005 (1) SCR 96 
relied on 
Para 31 
CIVILAPPELLATE JURISDICTION: Civil Appeal Nos. 
5102 of 2006. 
D 
From the Judgment and Order dated 13. 7 .2005 of the 
'Jivision Bench of the High Court of Judicature of Bombay in 
Appeal No. 55/2003. 
HuzefaAhmadi, Sr.Adv., Ravindra Srivastava, Sr.Adv., 
Shirish K. Deshpande. Rohan
Excerpt shown. Read the full judgment & AI analysis in Lexace.