Case Note & Summary
The petitioners, Avinash Madhukar Kharat and Dhanaji Rajaram Patil, filed a writ petition in the Bombay High Court challenging an order dated 27 April 2017 passed by the Sub-Divisional Officer (Respondent No.3). The impugned order dismissed their appeal filed under Section 247 of the Maharashtra Land Revenue Code, 1966 (MLRC) against an order dated 31 July 2016 passed by the Tehsildar (Respondent No.4). The Sub-Divisional Officer dismissed the appeal on the ground that the petitioners had not deposited 25% of the amount payable as required by the first proviso to Sub-Section (2) of Section 256 of the MLRC, stating that without such deposit, the appeal would not lie. The petitioners contended that the pre-deposit condition under Section 256(2) applies only to appeals under Section 256 and not to appeals under Section 247. The court examined the provisions and noted that Section 247 provides for appeals against orders of certain revenue officers, while Section 256 deals with appeals against orders of the Collector or other specified officers. The first proviso to Section 256(2) mandates a pre-deposit of 25% of the amount payable for appeals under that section. The court held that the legislature did not impose a similar pre-deposit condition for appeals under Section 247. Therefore, the Sub-Divisional Officer erred in dismissing the appeal for non-compliance with a condition not applicable to Section 247 appeals. The court allowed the petition, set aside the impugned order, and directed the Sub-Divisional Officer to hear and decide the appeal on its merits without insisting on the pre-deposit.
Headnote
A) Land Revenue - Appeal - Pre-deposit Condition - Section 247, Section 256, Maharashtra Land Revenue Code, 1966 - The issue was whether the requirement of pre-deposit of 25% of the amount payable under the first proviso to Section 256(2) applies to appeals under Section 247. The court held that the pre-deposit condition is specific to appeals under Section 256 and does not extend to appeals under Section 247, as the legislature did not incorporate such a condition in Section 247. The impugned order dismissing the appeal for non-deposit was set aside. (Paras 1-3)
Issue of Consideration
Whether the first proviso to Section 256(2) of the Maharashtra Land Revenue Code, 1966, requiring deposit of 25% of the amount payable, applies to appeals filed under Section 247 of the MLRC.
Final Decision
The court allowed the writ petition, set aside the impugned order dated 27 April 2017, and directed the Sub-Divisional Officer to hear and decide the appeal on its merits without insisting on pre-deposit of 25% amount.
Law Points
- Interpretation of statutes
- Pre-deposit condition for appeal
- Section 247 vs Section 256 of MLRC
- Right of appeal not conditional on pre-deposit unless expressly stated
