Case Note & Summary
The petitioner, Smt. Lalita Dhanraj Jadhav, challenged the order dated 16/06/2020 passed by the learned Additional Commissioner, Nashik Division, Nashik (Respondent No.5) in Gram Panchayat Appeal No.75 of 2019. By the impugned order, the Respondent No.5 dismissed the appeal for having been filed beyond the period of 15 days stipulated in Section 16(2) of the Maharashtra Village Panchayats Act, 1959 (the Panchayat Act). The learned Commissioner, relying on the decision of this Court in Annapurna w/o. Jagdish Dode v/s The State of Maharashtra and ors. (Writ Petition 8727 of 2012), held that the authorities under the Panchayat Act are not 'Courts' and have no power to condone the delay. The petitioner contended that the learned Additional Collector had closed the matter for orders without fixing any specific date for pronouncement of the order, and the date on which the order was passed was not communicated to the petitioner. The petitioner learnt about the order only on 28/08/2019, which was the starting point of limitation. The appeal was filed within 15 days from the date of knowledge of the order and was therefore within the period of limitation. Alternatively, as an abundant caution, the petitioner filed an application for condonation of delay. The petitioner relied on the decisions of the Division Bench of this Court in Sangitabai Vasudeo Rajput vs. State of Maharashtra and Ors. 2018 (1) Bom.C.R. 588 and of a Co-ordinate Bench in Swapnil Narayan Malke vs. Additional Commissioner, Nagpur Division, Nagpur, 2019 (2) ALL M.R., 423, to argue that the learned Additional Commissioner grossly erred in dismissing the appeal as barred by limitation. The court considered the submissions and held that the limitation period under Section 16(2) of the Panchayat Act runs from the date of knowledge of the order when the order is not communicated. The court allowed the writ petition, set aside the impugned order, and directed the Additional Commissioner to decide the appeal on merits within a period of eight weeks from the date of receipt of the order.
Headnote
A) Limitation Act - Appeal under Section 16(2) - Starting point of limitation - Maharashtra Village Panchayats Act, 1959, Section 16(2) - The limitation period of 15 days for filing an appeal under Section 16(2) runs from the date of knowledge of the order when the order is not communicated to the party. The appeal filed within 15 days from the date of knowledge is within limitation. (Paras 2-5) B) Condonation of Delay - Power of authorities under the Act - Maharashtra Village Panchayats Act, 1959, Section 16(2) - Authorities under the Panchayat Act are not 'Courts' but have the power to condone delay in filing appeals in appropriate cases, as held in Sangitabai Vasudeo Rajput vs. State of Maharashtra and Ors. 2018 (1) Bom.C.R. 588 and Swapnil Narayan Malke vs. Additional Commissioner, Nagpur Division, Nagpur, 2019 (2) ALL M.R., 423. (Paras 3-5)
Issue of Consideration
Whether the appeal filed under Section 16(2) of the Maharashtra Village Panchayats Act, 1959 was within limitation when the order was not communicated to the appellant and the appeal was filed within 15 days from the date of knowledge.
Final Decision
The writ petition is allowed. The impugned order dated 16/06/2020 passed by the learned Additional Commissioner, Nashik Division, Nashik in Gram Panchayat Appeal No.75 of 2019 is set aside. The matter is remitted to the Additional Commissioner to decide the appeal on merits within a period of eight weeks from the date of receipt of the order. Rule is made absolute in the above terms.
Law Points
- Limitation period for appeal under Section 16(2) of Maharashtra Village Panchayats Act
- 1959 runs from date of knowledge of order
- authorities under the Act have power to condone delay in appropriate cases
