RAJENDRA SHIVKUMAR PAWAR Vs. SANJAY BHAU DALVI

JUDGEMENT

(1.) Heard Mr. Lad, learned Counsel appearing for the Petitioners, Mr. Keny, learned Counsel appearing for Respondent Nos.1 to 4 and Mr. Rayrikar, learned AGP for the Respondent Nos.5 and 6-State.

(2.) The Petitioners have challenged the Order dtd. 12/8/2022 passed by the Sub-Divisional Offcer, Kalyan Division, Kalyan in Tenancy Appeal No.9 of 2019 ("impugned Order"). By the impugned Order, the Sub-Divisional Offcer has rejected the Petitioners' Application by which an objection to the jurisdiction of the Sub-Divisional Offcer to hear the said Appeal, was raised. In the said Appeal, the challenge was to the legality and validity of the Order dtd. 16/5/2017 passed by the Tahsildar, Kalyan in the proceeding fled under Sec. 32-P of the Maharashtra Tenancy and Agriculture Lands Act [Act No. LXVII of 1948] ("Tenancy Act").

(3.) It is the contention of Mr. Lad, learned Counsel appearing for the Petitioners that under Sec. 74 of the Tenancy Act an Appeal challenging the Order passed by the Mamlatdar lies before the Collector. He further pointed out Sec. 2 (2-E) of the Tenancy Act which defnes the term 'Collector', and contended that the Appeal fled before the Sub-Divisional Offcer is without jurisdiction and, therefore, not maintainable.