Case Note & Summary
The petitioner, Devsing Ramchandra Chavan, filed a writ petition before the Bombay High Court challenging an order dated 23 June 2021 passed by the Maharashtra Revenue Tribunal, Pune. The Revenue Tribunal had held that an interim stay granted by it on 10 December 2018 in a revision application filed by the petitioner under Section 76 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 stood automatically vacated after six months, relying on the Supreme Court's judgment in Asian Resurfacing of Road Agency Private Limited & Anr. vs. Central Bureau of Investigation (2018) 16 SCC 299. The dispute concerned land situated at Village Boroti, Taluka Akkalkot, District Solapur. The petitioner's rights over the land had been recognized by a previous order of the Revenue Tribunal dated 17 March 1971. However, the Tahsildar, Akkalkot passed an order on 6 December 2016 de-recognizing the petitioner's rights as reflected in the revenue records. The petitioner's appeal against that order was dismissed by the Sub-Divisional Officer on 28 November 2017. The petitioner then filed a revision before the Revenue Tribunal, which granted an interim stay on 10 December 2018. The Revenue Tribunal subsequently passed the impugned order holding that the stay stood automatically vacated. The High Court examined the applicability of the Asian Resurfacing judgment and held that the directions in that case were specifically confined to proceedings under the Code of Civil Procedure, 1908 and criminal proceedings, and did not apply to proceedings before revenue tribunals under special statutes like the Maharashtra Tenancy and Agricultural Lands Act, 1948. The court noted that the Revenue Tribunal had misapplied the Supreme Court's judgment. Consequently, the High Court quashed the Revenue Tribunal's order dated 23 June 2021 and restored the interim stay granted on 10 December 2018. The court directed the Revenue Tribunal to decide the revision application expeditiously, preferably within six months.
Headnote
A) Civil Procedure - Interim Stay - Automatic Vacation - The principle of automatic vacation of interim stay after six months laid down in Asian Resurfacing of Road Agency Private Limited & Anr. vs. Central Bureau of Investigation (2018) 16 SCC 299 applies only to civil and criminal proceedings under the Code of Civil Procedure, 1908 and not to proceedings before revenue tribunals under the Maharashtra Tenancy and Agricultural Lands Act, 1948. The Revenue Tribunal erred in applying the said principle to hold that the interim stay granted by it stood automatically vacated. (Paras 1-2, 4-6) B) Revenue Law - Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 76 - Revision - Interim Stay - The Maharashtra Revenue Tribunal, while exercising revisional jurisdiction under Section 76 of the Maharashtra Tenancy and Agricultural Lands Act, 1948, is not bound by the directions in Asian Resurfacing regarding automatic vacation of stay. The Tribunal's order dated 23 June 2021 holding that the interim stay granted on 10 December 2018 stood automatically vacated was set aside. (Paras 1-6) C) Interpretation of Statutes - Applicability of Supreme Court Directions - The directions in Asian Resurfacing were issued under Article 141 and 142 of the Constitution of India but were specifically confined to proceedings under the Code of Civil Procedure, 1908 and criminal proceedings. They cannot be extended to proceedings under special statutes like the Maharashtra Tenancy and Agricultural Lands Act, 1948 unless expressly made applicable. (Paras 4-6)
Issue of Consideration
Whether the Maharashtra Revenue Tribunal was correct in applying the Supreme Court's judgment in Asian Resurfacing of Road Agency Private Limited & Anr. vs. Central Bureau of Investigation to hold that an interim stay granted by it stood automatically vacated after six months.
Final Decision
The High Court allowed the writ petition, quashed the order dated 23 June 2021 passed by the Maharashtra Revenue Tribunal, and restored the interim stay granted on 10 December 2018. The Revenue Tribunal was directed to decide the revision application expeditiously, preferably within six months.
Law Points
- Interim stay does not automatically vacate after six months in proceedings under Maharashtra Tenancy and Agricultural Lands Act
- 1948
- Asian Resurfacing of Road Agency Private Limited & Anr. vs. Central Bureau of Investigation (2018) 16 SCC 299 applies only to criminal and civil proceedings under CPC
- not to revenue tribunals
- Principle of automatic vacation of stay is not a rule of law but a direction to subordinate courts under CPC
- Revenue Tribunal's order set aside
- stay restored
