Case Note & Summary
The dispute arose from a complaint lodged by Respondent No.2 against the petitioners regarding the mutation of agricultural land. The petitioners, co-owners of the land, challenged the order dated 07.08.2013 passed by the Up Lok-Ayukta, alleging that it exceeded his jurisdiction. The petitioners claimed that they had purchased the land legally and were in peaceful possession. Respondent No.2 alleged that the land was wrongfully mutated in favor of the petitioners' father during consolidation proceedings in 1984 and that the complaint was filed after the statutory limitation period. The court noted that the complaint was lodged on 07.08.2009, while the alleged wrongful act occurred in 1984, making it prima facie barred by limitation under Section 8(5) of the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971. The court found that the Up Lok-Ayukta acted beyond his jurisdiction by issuing an order that resembled an appellate decision rather than a recommendation. Consequently, the court quashed the Up Lok-Ayukta's order and restored the mutation entry in favor of the petitioners, emphasizing the need for adherence to statutory powers and limitations.
Headnote
A) Administrative Law - Jurisdiction of Lokayukta - Exceeding Jurisdiction - Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971, Section 8(5) - The Up Lok-Ayukta's order was quashed as it was found to exceed his jurisdiction by acting as an appellate authority rather than exercising recommendatory powers. The court held that the complaint was barred by limitation and the Lokayukta could not investigate the matter (Paras 19-20).
Issue of Consideration
Whether the Up Lok-Ayukta exceeded his jurisdiction in passing the order dated 07.08.2013.
Final Decision
The writ petition was allowed, the order dated 07.08.2013 passed by the Up Lok-Ayukta was quashed, and the mutation entry was restored in favor of the petitioners.
Law Points
- Jurisdiction of Lokayukta
- Limitation period for complaints
- Recommendatory powers of Lokayukta
