Disposed¶19

Suresh Hari Patil v. Rajendra Shivaji Patil and Ors.

Bombay HC30 Jun 2025WP/18422/2024

Case brief

AI extract

What is this about?

Maharashtra Land Revenue Code 1966; Section 252; Section 247 appeal; condonation of delay rejected by lower Appellate Authority; appeal against refusal of condonation maintainable; Additional Collector jurisdiction; Hon'ble Minister (Revenue) Revision; writ petition Bombay High Court; notice returnable 30 June 2025; Suresh Hari Patil v. Rajendra Shivaji Patil And Ors.

What did the court decide?

Notice issued to the Respondents, returnable on 30 June 2025; Petitioner directed to serve the Respondents by private service in addition to Court notice and to file affidavit of service. ¶19

Suresh Hari Patil vs Rajendra Shivaji Patil and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Notice issued to the Respondents, returnable on 30 June 2025; Petitioner directed to serve the Respondents by private service in addition to Court notice and to file affidavit of service.

¶19

Issue for consideration

Whether the Hon'ble Minister (Revenue) erred in allowing the Revision on the ground that the Additional Collector lacked jurisdiction under Section 252 of the Maharashtra Land Revenue Code, 1966 to entertain an appeal against an order refusing to condone delay; i.e., whether such an appeal is maintainable under Section 247 before the higher Appellate Authority.

¶14

Court's answer

Section 252 of the Maharashtra Land Revenue Code, 1966 prohibits an appeal only against an order allowing an application for condonation of delay; where the application for condonation of delay is rejected by the lower Appellate Authority, there is no prohibition under Section 252 against maintaining an appeal under Section 247 before the higher Appellate Authority.

¶18

Ratio / Principle

In that view, there appears to be an error in the order passed by the Hon'ble Minister (Revenue) allowing the Revision.

¶18

Detailed headnote1 paragraphs

Bombay High Court (Sandeep V. Marne, J.), Writ Petition No. 18422 of 2024, order dated 8 April 2025: While issuing notice in a writ petition challenging the order of the Hon'ble Minister (Revenue) allowing a Revision under the Maharashtra Land Revenue Code, 1966, the Court held (prima facie) that Section 252 of the Code prohibits an appeal only against an order allowing an application for condonation of delay; where the application for condonation of delay is rejected by the lower Appellate Authority, there is no prohibition under Section 252 against maintaining an appeal under Section 247 before the higher Appellate Authority. Accordingly, the reason recorded by the Minister — that the Additional Collector lacked jurisdiction under Section 252 to entertain the appeal against refusal of condonation — appeared erroneous. Notice issued to Respondents, returnable on 30 June 2025, with private service and affidavit of service.

Suresh Hari Patil v. Rajendra Shivaji Patil and Ors.

Case brief

What is this about?

What did the court decide?

Suresh Hari Patil v. Rajendra Shivaji Patil and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sayed Farhat Fatima vs Syed Gulam Mehdi Alias Gulam Mahdi Mohammed Qasim Syed (Deceased)

Anil Subhash Sawant vs Samadhan Mahadeo Autade

Seema Raju Parad vs Ramchandra Bhau Dhandore

Infinity Cars Pvt. Ltd. vs Sabari Jani Associates

Gulam Mohammed Gulam Rasool Momin vs Gulam Rasool Momin (Deceased)

Rekha Abhishek Singh vs Amrita Ravindrapratap Singh