Case Note & Summary
The petitioners, residents and voters of village Haldi, Taluka-Karveer, District-Kolhapur, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 9th February 2023 passed by the Additional Divisional Commissioner, Pune Division, Pune. The impugned order partly allowed an appeal filed by Respondent No.3, setting aside the Collector's order dated 24th June 2022 in Dispute Application No.16 of 2021 and remanding the matter back to the Collector for fresh decision. The dispute concerned the existence of a public road and nala on the land in question. The petitioners argued that the appellate authority under Section 26 of the Maharashtra Village Panchayats Act, 1959 was required to decide the appeal on merits and could not remand the matter. The Court agreed, holding that the appellate authority must examine the evidence and pass a final order, and that remand is only permissible in exceptional circumstances. The Court set aside the impugned order and directed the Additional Divisional Commissioner to decide the appeal on merits within three months, after hearing all parties.
Headnote
A) Panchayat Law - Appellate Powers - Remand - Section 26 of the Maharashtra Village Panchayats Act, 1959 - The appellate authority under Section 26 must decide the appeal on merits and cannot remand the matter to the original authority except in exceptional circumstances. The Court held that the Additional Divisional Commissioner erred in setting aside the Collector's order and remanding the case, as the appellate authority is required to examine the evidence and pass a final order. (Paras 1-10) B) Land Revenue - Public Road and Nala - Section 145 of the Maharashtra Land Revenue Code, 1966 - The dispute pertained to whether a public road and nala existed on the land in question. The Court noted that the Collector had already recorded findings based on revenue records and spot inspection, and the appellate authority should have decided the appeal on merits rather than remanding. (Paras 2-8)
Issue of Consideration
Whether the Additional Divisional Commissioner, while hearing an appeal under Section 26 of the Maharashtra Village Panchayats Act, 1959, could set aside the Collector's order and remand the matter back to the Collector for fresh decision, or whether the appellate authority was required to decide the appeal on merits.
Final Decision
The writ petition is allowed. The impugned order dated 9th February 2023 passed by the Additional Divisional Commissioner, Pune Division, Pune in Appeal No.14 of 2022 is set aside. The matter is remanded to the Additional Divisional Commissioner to decide the appeal on merits within three months from the date of the order, after hearing all parties.
Law Points
- Appellate authority must decide appeal on merits
- remand only in exceptional circumstances
- Section 26 of the Maharashtra Village Panchayats Act
- 1959
- Section 145 of the Maharashtra Land Revenue Code
- 1966
