Case Note & Summary
The petitioner challenged an order dated 10.08.2016 passed by the State Minister, Revenue Department, granting status quo concerning the property until further hearing. The order did not record any reasons. The court noted that an appeal under Section 247 of the Maharashtra Land Revenue Code was already pending before the Collector, Nagpur, bearing Revenue Appeal No. 202/RTS64/201516. In such a situation, the Minister could not have invoked jurisdiction to grant an interim order, especially without recording reasons. The court held that the order cannot be sustained and is liable to be set aside. The writ petition was allowed, the impugned order was quashed, and the parties were directed to appear before the Collector on 15.11.2016. The Collector was directed to either decide the appeal within one month or pass an order on the stay application.
Headnote
A) Administrative Law - Interim Orders - Requirement of Reasons - Minister's order granting status quo without recording reasons is unsustainable - The Minister could not have invoked jurisdiction to grant an interim order, much less without recording any reasons, when an appeal under Section 247 of the Maharashtra Land Revenue Code was already pending before the Collector (Paras 2-3).
Issue of Consideration
Whether the State Minister, Revenue Department, could pass an interim order granting status quo without recording reasons when an appeal under Section 247 of the Maharashtra Land Revenue Code was already pending before the Collector.
Final Decision
Writ petition allowed. The order dated 10.08.2016 passed by the Minister concerned is quashed and set aside. Parties to appear before the Collector at Nagpur on 15.11.2016. The Collector to either decide the appeal within one month or pass an order on the stay application. No order as to costs.
Law Points
- Minister cannot invoke jurisdiction to grant interim order without recording reasons
- appeal pending before Collector under Section 247 of Maharashtra Land Revenue Code
Case Details
2016 LawText (BOM) (10) 163
Writ Petition No. 5002 of 2016
Shri N.L.Jaiswal for Petitioner, Shri N.S.Rao AGP for Respondent Nos. 1 to 6, Shri S.R.Deshpande for Respondent No. 8
Jaikishor Brijkishor Jaiswal
Minister of State for Revenue, Maharashtra State, State of Maharashtra, District Collector Nagpur, Sub Divisional Officer (Revenue) Nagpur (Rural), Tahsildar Nagpur (Rural), Revenue Inspector Hudkeshwar, Sanjay Rathod, Ashok Brijkishor Jaiswal
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Nature of Litigation
Writ petition challenging an interim order passed by the State Minister, Revenue Department, granting status quo concerning property.
Remedy Sought
Petitioner sought quashing of the Minister's order dated 10.08.2016 granting status quo.
Filing Reason
The Minister passed an interim order granting status quo without recording reasons and when an appeal under Section 247 of the Maharashtra Land Revenue Code was already pending before the Collector.
Previous Decisions
The Minister passed the impugned order on 10.08.2016; an appeal under Section 247 of the Maharashtra Land Revenue Code was pending before the Collector, Nagpur.
Issues
Whether the Minister could grant an interim order without recording reasons.
Whether the Minister had jurisdiction to grant interim relief when an appeal was pending before the Collector.
Submissions/Arguments
Petitioner argued that the Minister's order was without reasons and without jurisdiction.
Respondents' arguments not recorded in the judgment.
Ratio Decidendi
A Minister cannot invoke jurisdiction to grant an interim order without recording reasons when an appeal under Section 247 of the Maharashtra Land Revenue Code is already pending before the Collector.
Judgment Excerpts
The order impugned in this petition is passed on 10.08.2016 by the State Minister, Revenue Department, granting status quo concerning the property until further hearing. No reasons are recorded in the said order.
In such situation, the Minister could not have invoke the jurisdiction to grant an interim order, muchless without recording any reasons. The order cannot, therefore, be sustained and is liable to be set aside.
Procedural History
The petitioner filed a writ petition challenging the Minister's order dated 10.08.2016. The court heard the parties and allowed the petition, quashing the order and directing the Collector to decide the appeal or pass an order on stay.
Acts & Sections
- Maharashtra Land Revenue Code: 247
