Case Note & Summary
The petitioners, original tenants of the disputed land, challenged the decision of the Maharashtra Revenue Tribunal (MRT) dated 26.04.1996, which allowed the appeal of the respondents and set aside the eviction order dated 06.12.1976 passed by the Tahsildar, Amalner, under Section 59 of the Maharashtra Land Revenue Code, 1966. The land in dispute admeasures 90 ares and is assigned G.No.105 of village Nanded, Tahsil Amalner. The Tahsildar had passed the eviction order against the respondents, who were allegedly unauthorized occupants. The respondents filed an appeal before the MRT in 1995, nearly 19 years after the eviction order. The MRT allowed the appeal and set aside the eviction order. The petitioners contended that the MRT had no jurisdiction to entertain the appeal as the order under Section 59 of the Code is not appealable, and the appeal was barred by limitation. The High Court examined the provisions of the Maharashtra Land Revenue Code, 1966, and noted that Section 59 does not provide for an appeal. The only remedy available was revision under Section 257 of the Code, which could be exercised suo motu by the Commissioner or the State Government. The MRT had no appellate jurisdiction over such orders. Additionally, the appeal was filed after an inordinate delay of 19 years without any explanation. The High Court held that the MRT acted without jurisdiction and its order is a nullity. The writ petition was allowed, and the MRT's order was quashed and set aside. The eviction order dated 06.12.1976 was restored.
Headnote
A) Land Revenue - Eviction of Unauthorized Occupant - Section 59 of Maharashtra Land Revenue Code, 1966 - Jurisdiction of MRT - The Tahsildar passed an eviction order under Section 59 of the Code on 06.12.1976. The MRT entertained an appeal in 1995 and set aside the order. The High Court held that the MRT had no jurisdiction to entertain the appeal as the order under Section 59 is not appealable under the Code, and the appeal was grossly delayed without any explanation. (Paras 1-5) B) Limitation - Appeal before MRT - Delay of 19 years - The appeal was filed in 1995 against an order of 1976. The MRT did not consider the delay or lack of jurisdiction. The High Court held that the MRT acted without jurisdiction and the order is a nullity. (Paras 4-5)
Issue of Consideration
Whether the Maharashtra Revenue Tribunal had jurisdiction to entertain an appeal against the Tahsildar's eviction order passed under Section 59 of the Maharashtra Land Revenue Code, 1966, and whether the appeal was barred by limitation.
Final Decision
The writ petition is allowed. The impugned order dated 26.04.1996 passed by the Maharashtra Revenue Tribunal in Revenue Appeal No.(A) 03 of 1995 is quashed and set aside. The eviction order dated 06.12.1976 passed by the Tahsildar, Amalner in Misc. Revenue Application No.284 of 1976 is restored.
Law Points
- Section 59 of Maharashtra Land Revenue Code
- 1966
- Eviction of unauthorized occupant
- Limitation for appeal
- Suo motu revisional powers
