1. The case involves fixing the price of tenanted agricultural land and issuing a certificate under section 32M to transfer the land to tenants.
2. After various proceedings, the Agriculture Land Tribunal (ALT) fixed the price of the land but was prevented from issuing the 32M certificate due to an appeal.
3. The Sub-Divisional Officer (SDO) remanded the case back to ALT for further inquiry on limited issues. ALT conducted this inquiry and confirmed its original order under section 32G.
4. As the matter has now reached finality, the ALT can issue the certificate under section 32M to transfer the land, as no fresh order under 32G is required.
1. The case involves fixing the price of tenanted agricultural land and issuing a certificate under section 32M to transfer the land to tenants.
2. After various proceedings, the Agriculture Land Tribunal (ALT) fixed the price of the land but was prevented from issuing the 32M certificate due to an appeal.
3. The Sub-Divisional Officer (SDO) remanded the case back to ALT for further inquiry on limited issues. ALT conducted this inquiry and confirmed its original order under section 32G.
4. As the matter has now reached finality, the ALT can issue the certificate under section 32M to transfer the land, as no fresh order under 32G is required.
1. The case involves fixing the price of tenanted agricultural land and issuing a certificate under section 32M to transfer the land to tenants.
2. After various proceedings, the Agriculture Land Tribunal (ALT) fixed the price of the land but was prevented from issuing the 32M certificate due to an appeal.
3. The Sub-Divisional Officer (SDO) remanded the case back to ALT for further inquiry on limited issues. ALT conducted this inquiry and confirmed its original order under section 32G.
4. As the matter has now reached finality, the ALT can issue the certificate under section 32M to transfer the land, as no fresh order under 32G is required.
1. The case involves fixing the price of tenanted agricultural land and issuing a certificate under section 32M to transfer the land to tenants.
2. After various proceedings, the Agriculture Land Tribunal (ALT) fixed the price of the land but was prevented from issuing the 32M certificate due to an appeal.
3. The Sub-Divisional Officer (SDO) remanded the case back to ALT for further inquiry on limited issues. ALT conducted this inquiry and confirmed its original order under section 32G.
4. As the matter has now reached finality, the ALT can issue the certificate under section 32M to transfer the land, as no fresh order under 32G is required.
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Case under section 32M inter alia 32G
Brief History
1. The subject began with Filing Application before Agriculture Land Tribunal Thane Taluka, Thane, under section 32G for fixing the price of tenanted land bearing Gat No 21 & 27 area 2.25.6 ha & 2.05.9 ha respectively.
2. After conducting the enquiry and meticulous proceedings under provisions of
32G, in the subject matter, ALT passed the order No Ten/32G/Mogharpada/93/2008 on 2.5.2009, and fixed the price of said land with interest thereon as Rs 17791.
3. ALT also issued order under section 32M to pay the price in State Bank of India.
4. The Tenants paid the price in Bank and challan was submitted to ALT to issue the certificate under 32M in order to transfer the land in the name of Tenants.
5. Certificate under section 32M was prepared and signed by ALT but before issue of the same aggravated Land lord challenged the 32G order before Sub- Divisional Officer Thane, and stay order was granted for further proceedings.
6. The subject matter was contested before SDO Thane and after hearing all the parties to the suit SDO passed the order and set aside ALT 32G order and matter was remanded back to ALT to conduct fresh enquiry about heirship and other intervening parties on 2.2.2010.
7. Also instructed to ALT to hold the issue of certificate under section 32M.
8. According to remand instructions ALT further conducted the fresh enquiry and arrived at the same conclusions as were recorded in earlier ALT order and ALT passed the order under section 32G. 1 Position Today
9. ALT conducted first enquiry and passed the order.
10. SDO Remanded the matter back to ALT with limited issues to be verified. 11. ALT conducted fresh enquiry and confirmed the fact and merits of issues same as earlier order. 12. But no specific instructions were issued to release the 32M certificate. 13. Hence certificate under section 32M was withheld due to remark to hold the certificate.
Legal Issues
14. Whether original order under section 32G is invalid?
15. Whether Fresh order under section 32G is required to be issued? 16. Whether ALT can issue certificate under section 32M?
Analysis
17. ALT passed the order under section 32G and fixed price of land. 18. SDO set aside order and remanded matter back to ALT. More specifically SDO neither did summarily quashed the order nor rest the matter at finality. 19. Had it been so, matter would have been reached the finality and fresh proceedings under section 32G would have to be initiated. 20. But matter was remanded to ALT with limited issues to be verified by ALT as mentioned in SDO order. 21. This implies that original order subsisted always till today but finality has not reached due to ongoing proceedings. Hence holding of certificate under section 32M was temporarily. 22. But when revised order is passed by ALT after fresh enquiry with similar views as mentioned in original order under section 32G, it is as much as in continuation of original.
2 23. And as such it has reached the finality and removes any bar on holding of certificate under section 32M.
Hence answer to first question is negative. And revised order becomes
subsisting valid order
24. The same subject matter was being processed through out during ALT – SDO – ALT proceedings and passing of subsisting and valid revised order. 25. Hence there is no requirement of any fresh specific order thereof under section 32G. 26. In fact such proceedings if conducted shall be termed as against principle of “Res Judicata” in the law (there can’t be second repeated proceedings for same cause of action amongst same parties at the same authority level)
Hence answer to second question is negative and it is not necessary to
issue again fresh new order under section 32G.
27. Certificate under section 32M was held back by ALT for conducting fresh enquiry and completing the proceedings to reach finality. 28. After revised order as per instructions of SDO, it is presumed to be order under section 32G and as such ALT has reached finality and hence certificate under section 32M shall be issued in context of original order under section 32G.
Hence answer to third question is affirmative and certificate under section
32M ought to be issued since matter has reached finality under section 32G.
