Case Note & Summary
The petitioners filed a writ petition challenging the order dated 09.12.2015 passed by the Additional Commissioner, Nagpur Division, in Revision No. 02 of 2013/2014. The revision was filed against an order dated 22.08.2013 passed by the Revenue Collector. The core issue was that the Additional Commissioner did not adjudicate the revision on its merits; instead, the order was passed without any discussion or decision on the contentions raised. The High Court noted that it was not in dispute that there was no adjudication by the Additional Commissioner in the revision. Since the revisional authority failed to perform its duty to decide the matter on merits, the impugned order was unsustainable. The court allowed the writ petition, quashed the order dated 09.12.2015, and remitted the matter back to the Additional Commissioner for fresh decision after hearing the parties. The parties were directed to appear before the Additional Commissioner on 15.05.2017.
Headnote
A) Administrative Law - Revision - Adjudication on Merits - Maharashtra Land Revenue Code, 1966 - The Additional Commissioner failed to adjudicate the revision on merits, merely passing an order without considering the order dated 22.08.2013 passed by the Revenue Collector. The High Court held that such non-adjudication vitiates the revisional order and remitted the matter for fresh decision after hearing parties. (Paras 2-3)
Issue of Consideration
Whether the Additional Commissioner's order in revision is sustainable when there is no adjudication on the merits of the order challenged.
Final Decision
Writ petition allowed. Order dated 09.12.2015 passed by the Additional Commissioner in Revision No. 02 of 2013/2014 is quashed and set aside. Matter remitted back to the Additional Commissioner for fresh decision on merits after hearing the parties. Parties to appear before the Additional Commissioner on 15.05.2017.
Law Points
- Revision authority must adjudicate on merits of the order challenged
- failure to do so renders order liable to be set aside
