AVINASH MADHUKAR KHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners are impugning an order dtd. 27/4/2017 passed by Respondent No.3 - Sub Divisional Officer dismissing petitioner's appeal that was filed under Sec. 247 of the Maharashtra Land Revenue Code, 1966 (the MLRC).

(2.) Petitioners had filed an appeal before Respondent No.3 under Sec. 247 of the MLRC impugning an order dtd. 31/7/2016 passed by Respondent No.4. Petitioners appeal came to be dismissed by the impugned order dtd. 27/4/2017, copy whereof is annexed at Exhibit "G" to the petition, on the grounds that petitioners did not deposit 25% of the amount payable as per first proviso to Sub Sec. (2) of Sec. 256 of the MLRC. The impugned order states that unless this 25% of amount payable is deposited even an appeal would not lie.

(3.) Mr. Kumbhakoni appearing for petitioners submitted that Sec. 247 of the MLRC that provides for Appeal and Appellate Authorities does not mention about any pre-deposit for filing the appeal or hearing of the appeal. Mr. Kumbhakoni submitted that pre-deposit will apply only when an party applies for a stay of execution of the order under Sec. 256 of the MLRC.