Case Note & Summary
The petitioner, Gaurakshan Sansthan, through its power of attorney holder, challenged the order dated 10-8-2017 passed by the Naib Tahasildar, confirmed by the Additional Collector on 6-11-2017, allowing an application filed by respondent No.3 under Section 7 of the Mamlatdar's Courts Act, 1906. The application sought removal of obstruction caused by the petitioner. The petitioner contended that the application was not supported by any affidavit as required by Section 7 of the Act, and that the proceedings must be commenced by way of a plaint. This objection was raised in the reply before the Naib Tahasildar but was not considered. The court examined the provisions of Section 7 of the Mamlatdar's Courts Act, 1906, which requires that proceedings be initiated by a plaint in writing, subscribed by the applicant or his agent, and supported by an affidavit. The court found that the application filed by respondent No.3 was not in the form of a plaint and was not supported by an affidavit, thus violating the mandatory requirement. The court held that the orders passed by the Naib Tahasildar and the Additional Collector were without jurisdiction and liable to be set aside. The writ petition was allowed, the impugned orders were quashed, and the application under Section 7 was dismissed. No order as to costs.
Headnote
A) Mamlatdar's Courts Act, 1906 - Section 7 - Plaint Requirement - Mandatory - Application under Section 7 must be by way of a plaint supported by an affidavit - Failure to file a plaint and affidavit renders the proceedings void and the orders liable to be set aside (Paras 4-5).
Issue of Consideration
Whether the application under Section 7 of the Mamlatdar's Courts Act, 1906 is required to be by way of a plaint and supported by an affidavit, and whether non-compliance renders the proceedings void.
Final Decision
The writ petition is allowed. The orders dated 10-8-2017 passed by the Naib Tahasildar and dated 6-11-2017 passed by the Additional Collector are quashed and set aside. The application filed by respondent No.3 under Section 7 of the Mamlatdar's Courts Act, 1906 stands dismissed. Rule is made absolute accordingly. No order as to costs.
Law Points
- Mandatory requirement of plaint under Section 7 of Mamlatdar's Courts Act
- 1906
- Application must be supported by affidavit
- Non-compliance renders proceedings void
Case Details
2019 LawText (BOM) (04) 182
WRIT PETITION NO.7982 OF 2017
Shri N. R. Tekade for petitioner, Ms. M. Naik for respondent Nos.1 and 2, Shri D. S. Patil for respondent No.3
Gaurakshan Sansthan, Murtizapur through Arvind S/o Motiramji Mohod, through its Power of attorney holder Vivek S/o Arvind Mohod
1. State of Maharashtra through Tahasildar, Murtizapur, 2. The Additional Collector, Akola, 3. Mankarnabai W/o Mahadeorao Lakhode
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Nature of Litigation
Writ petition challenging orders passed under Section 7 of the Mamlatdar's Courts Act, 1906.
Remedy Sought
Quashing of orders dated 10-8-2017 and 6-11-2017 passed by Naib Tahasildar and Additional Collector respectively.
Filing Reason
Application under Section 7 of the Mamlatdar's Courts Act, 1906 was not supported by affidavit and not in the form of a plaint.
Previous Decisions
Naib Tahasildar allowed application under Section 7 on 10-8-2017; Additional Collector confirmed on 6-11-2017.
Issues
Whether the application under Section 7 of the Mamlatdar's Courts Act, 1906 is required to be by way of a plaint and supported by an affidavit?
Whether non-compliance with the plaint requirement renders the proceedings void?
Submissions/Arguments
Petitioner argued that the application was not supported by affidavit as required by Section 7 of the Act and that proceedings must be by way of a plaint.
Respondent No.3 did not contest the legal position.
Ratio Decidendi
The requirement of filing a plaint supported by an affidavit under Section 7 of the Mamlatdar's Courts Act, 1906 is mandatory. Non-compliance renders the proceedings void and the orders without jurisdiction.
Judgment Excerpts
The requirement of filing a plaint supported by an affidavit under Section 7 of the Mamlatdar's Courts Act, 1906 is mandatory.
The application filed by respondent No.3 was not in the form of a plaint and was not supported by an affidavit.
Procedural History
Respondent No.3 filed an application under Section 7 of the Mamlatdar's Courts Act, 1906 on 25-4-2017 before the Naib Tahasildar. The Naib Tahasildar allowed the application on 10-8-2017. The petitioner filed a revision before the Additional Collector, who confirmed the order on 6-11-2017. The petitioner then filed the present writ petition.
Acts & Sections
- Mamlatdar's Courts Act, 1906: Section 7
