0408cao974.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. C.A.O. NO.974 OF 2011 IN M.C.A. ST.NO.12975 OF 2011 IN WRIT PETITION NO.1100 OF 2010 Sanjay Hussain s/o Abid Hussain VERSUS The Additional Commissioner, Nagpur Division, Nagpur and another ................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................ Shri S.P.Palshikar, Counsel for the applicant/ petitioner. CORAM : R. K.DESHPANDE, J. DATE : 04. AUGUST, 2011. Heard Shri S.P.Palshikar, the learned Counsel appearing for the applicant/petitioner and the learned AGP appearing for the respondents. I have gone through the contents of both these applications. After hearing .....2/- 0408cao974.11.odt 2 the learned Counsel appearing for the parties, I am satisfied that the sufficient cause has been made out for condonation of delay and a case also made out for restoration. The delay caused, is condoned. The Writ Petition No.1100 of 2010 is restored by setting aside the order of dismissal dated 15.3.2010. Thus, both these applications stand disposed of. Writ Petition No.1100 of 2010 Heard Shri S.P.Palshikar, the learned Counsel appearing for the applicant/petitioner and the learned AGP appearing for the respondents. The order impugned dated 4.3.2009 is passed by the Additional Commissioner, Nagpur, dismissing the Appeal No.MRC- 81/2007-08, filed by the petitioner, challenging the order passed by the Collector, Chandrapur. The land revenue in .....3/- 0408cao974.11.odt 3 respect of the land in question was increased by an order dated 28.2.2001, at the instance of the petitioner. However, this was corrected and restored by the Collector by his order dated 30.6.2003. This correction was the subject matter of challenge before the authorities below and is also challenged in this writ petition. The reliance is placed on the provisions of Section 106 of the Maharashtra Land Revenue Code, 1966, which runs as under-- Section 106. Power of Collector to correct errors “The Collector may, at any time during the term of settlement after giving notice to the holder, correct any error in the area or assessment of his holding due to mistake of survey or arithmetical miscalculation: Provided that, no arrears of land revenue shall become payable by reason of such correction; but excess payment as land revenue made, if any, .....4/- 0408cao974.11.odt 4 shall be adjusted against the payment of land revenue which may become due.” The Additional Commissioner, in the order impugned in this petition has held that the settlement in question had taken place in the year 1962-63 and since then there was no re-survey which had taken place. In view of this, according to him, the land revenue could not have been increased and there was no occasion for passing an order dated 28.2.2001. Perusal of the provisions of Section 106 of the Maharashtra Land Revenue Code, 1966, clearly discloses, that the assessment or reassessment can be during the term of settlement. The Commissioner has observed that the increase in the assessment was not during the term of settlement. In view of this, no fault .....5/- 0408cao974.11.odt 5 can be found with the order passed by the Additional Commissioner. The petition is dismissed. JUDGE BrWankhede ...../-