Case Note & Summary
The petitioners, owners of property in Margao, Goa, filed an application for conversion of land use under the Land Revenue Code on 22.9.2003. Under Section 32(3) of the Code, the Collector was required to decide the application within 60 days, failing which the applicants could appeal to the State Government (respondent no.1), who had to dispose of the appeal within 30 days. The Collector failed to decide, so the petitioners appealed. However, the appellate authority, instead of deciding the appeal on merits, passed an order on 24.9.2004 remanding the matter back to the Collector with a direction to decide within 90 days. The petitioners challenged this remand order by way of a writ petition. The High Court held that the appellate authority is bound to decide the appeal on merits under Section 32(3) and cannot remand the matter. The impugned order was quashed, and respondent no.1 was directed to decide the appeal within 30 days. The petition was allowed.
Headnote
A) Land Revenue - Conversion Application - Section 32(3) Land Revenue Code - Appellate Authority's Power - The appellate authority under Section 32(3) is bound to decide the appeal on merits and cannot remand the matter back to the Collector for fresh decision. The High Court quashed the remand order and directed the appellate authority to decide the appeal within 30 days. (Paras 2-4)
Issue of Consideration
Whether the appellate authority under Section 32(3) of the Land Revenue Code can remand the matter back to the Collector instead of deciding the appeal on merits.
Final Decision
The impugned order dated 24.9.2004 is quashed and set aside. Respondent no.1 is directed to decide appeal no.94596 within 30 days from the date of the order. Petition allowed. Rule made absolute.
Law Points
- Appellate authority under Section 32(3) of Land Revenue Code must decide appeal on merits
- cannot remand matter back to Collector
