AIR 2015 (NOC) 535 (BOM.) (NAGPUR BENCH) ::2015 (1) ABR 553

Bombay High Court ( Nagpur Bench )

Hon'ble Judge(s): B. R. Gavai, V. M. Deshpande , JJ

(A) Bombay General Clauses Act (1 of 1904) S. 24 — Maharashtra Land Revenue Code (41 of 1966), S 4 — Constitution of revenue areas — Every notification or order made under S 4 would be subject to condition of previous publication inviting objections and suggestions — Objections and suggestions were invited for establishing headquarter at one place — Establishment of headquarter at another place — Said final notification establishing headquarter at another place would be violative of provisions of S 4 of Code (1966) and S 24 of Bombay General Clauses Act (1904) Constitution of India, Art 14 {" The perusal of S. 4(1), would reveal that the State Government is empowered to specify the District which constitute a division; the sub-divisions which constituted a district; the talukas which constitute a sub-division; the village which constitutes a taluka; the local area which constitutes a village by publishing in the official gazette. Likewise under Clause (vi) of sub-section (1) of Section 4, the State Government is also empowered to alter the limits of any such revenue area so constituted by amalgamation, division or in any manner whatsoever, or abolish any such revenue area and may name and after the name of any such revenue area. However, sub-section (4) of Section 4 provided that every notification or order made under the said section shall be subject to the condition of previous publication and the provisions....