BHAGWAN BAJIRAO BHARGUDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two petitions challenge the validity of the maharashtra Land Revenue Code (Amendment) Act, 2002 (Maharashtra Act No. 25) (for short, "the Amending Act" ). PIL No. 56 of 2002 is filed by senior advocates, practicing in Pune, in public interest, and Writ Petition no. 841 of 2003 is filed by one Gopal Narayan Dikshit, who has filed a revision application under section 76 of the bombay Tenancy and Agricultural Lands Act, 1948 (for short, "the Tenancy Act") before the Maharashtra Revenue tribunal (for short, "the Tribunal" ). The said revision application is admitted on 24/7/2000 and is pending.

(2.) ON 3/7/2002, Rule was issued on PIL No. 56 of 2002. As an interim arrangement, the Divisional Commissioner was directed to entertain appeals/revisions/other proceedings in accordance with law. This court observed that the Divisional Commissioner would pass appropriate interim/interlocutory orders/directions without finally deciding them.

(3.) ON 29/7/2003, this court directed the State to file affidavit stating whether the Divisional Commissioner as contemplated by the Amending Act, would be an I. A. S. Officer of a senior cadre, who shall decide the matters transferred to him all over the state; whether such officer shall be a person having specialized knowledge about the revenue matters and also the knowledge of law; whether the Government would be continuing the nomenclature of the Divisional Commissioner and whether a judicial officer presently working or retired can be appointed to man that post so that the transfer is from judicial authority to judicial authority. No such affidavit is filed by the State.