Case Note & Summary
The petitioners challenged an order passed by the Sub Divisional Officer (SDO) under Section 247 of the Maharashtra Land Revenue Code, 1966 (MLR Code), which allowed an appeal filed by respondent Nos. 2 to 4 against an order of the Tahsildar passed under Section 143(1) of the MLR Code. The Tahsildar's order pertained to a right of way over boundaries. The petitioners contended that the appeal before the SDO was not maintainable because Section 143(4) of the MLR Code provides that the Tahsildar's decision under Section 143(1) is subject to the decision of a civil court, and no appeal or revision under the Code lies against such an order. The petitioners argued that the remedy against the Tahsildar's order is a civil suit, not an appeal under Section 247. The respondents argued that the appeal was maintainable under Section 247. The Court examined the provisions of Section 143(3), (4), and (5) and Section 247 of the MLR Code. Section 143(4) states that the Tahsildar's decision under Section 143(1) shall be subject to the decision of a civil court, and no appeal or revision under the Code shall lie against such decision. Section 247 provides for appeals against orders of a Tahsildar but is expressly made subject to the provisions of sub-sections (4) and (5) of Section 143. The Court held that the language of Section 247 is clear and that the appeal provision is subordinate to the bar in Section 143(4). Therefore, no appeal under Section 247 lies against an order under Section 143(1). The Court allowed the writ petition, quashed the SDO's order, and restored the Tahsildar's order. The Court also noted that the respondents are at liberty to file a civil suit as provided under Section 143(4).
Headnote
A) Land Revenue - Right of Way - Maintainability of Appeal - Section 143(4) and Section 247 of the Maharashtra Land Revenue Code, 1966 - The issue was whether an appeal under Section 247 lies against a Tahsildar's order under Section 143(1) regarding right of way. The Court held that Section 143(4) expressly bars any appeal or revision under the Code against such an order, and the only remedy is a civil suit. Therefore, the appeal under Section 247 was not maintainable. (Paras 3-6) B) Land Revenue - Interpretation of Statutes - Section 143(4) and Section 247 of the Maharashtra Land Revenue Code, 1966 - The Court interpreted the phrase 'subject to the provisions of sub-sections (4) and (5) of Section 143' in Section 247 to mean that the appeal provision is subordinate to the bar created by Section 143(4). Hence, no appeal lies under Section 247 against an order under Section 143(1). (Paras 5-6)
Issue of Consideration
Whether an appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 is maintainable against an order passed by the Tahsildar under Section 143(1) of the said Code.
Final Decision
The writ petition is allowed. The order passed by the Sub Divisional Officer, Mouda, dated 30/06/2014 in Appeal No. 1/2013-14 is quashed and set aside. The order passed by the Tahsildar, Hingna, dated 30/04/2013 is restored. The respondent Nos. 2 to 4 are at liberty to file a civil suit as provided under Section 143(4) of the MLR Code. Rule is made absolute accordingly. No order as to costs.
Law Points
- Section 143(4) of the Maharashtra Land Revenue Code
- 1966 provides that the decision of the Tahsildar under Section 143(1) shall be subject to the decision of a civil court
- and no appeal or revision under the Code lies against such order
- Section 247 of the MLR Code provides for appeals against orders of a Tahsildar but is subject to Section 143(4)
- the remedy against an order under Section 143(1) is a civil suit and not an appeal under Section 247
