VIMAL TRADING Vs. NATIONAL FACELESS ASSESSMENT CENTRE

JUDGEMENT

(1.) The issue of maintainability of a further appeal before the higher appellate authority against an order merely condoning the delay in filing of an appeal passed by the lower appellate authority under Sec. 251 of the Maharashtra Land Revenue Code, 1966 (MLRC) repeatedly attracts attention of this Court and there has already been sufficient jurisprudence on this issue in the form of judgments of coordinate benches of this Court. However, it is noticed that di?erent interpretations of those judgments are often placed in support and against the contention of maintainability of such appeals, which has necessitated the present judgment so as to avoid confusion and achieve better clarity on the issue.

(2.) The issue arises in the light of challenge set up by the Petitioners to the order dtd. 2/8/2023 passed by the Additional Collector, Raigad, holding that the appeal is not maintainable against order dtd. 17/5/2023 passed by the Sub-Divisional Officer, Aligbag (SDO) allowing the application for condonation of delay.

(3.) Considering the nature of issue taken up for consideration, it is not necessary to narrate facts of the case in detail. Land bearing Gat No.248/1/C admeasuring 0.08 Hector 60 R at village -Thal, Taluka- Alibag, District-Raigad is the subject matter of the Petition. Mutation Entry No.6866 was certified on 13/5/1960 deleting the name of Krishna Bhaskar Mhatre and entering the name of Gajanan Thakur as holder of the land. Respondent No.1 got aggrieved by the said Mutation Entry No.6866 after period of 65 long years and filed R.T.S. Appeal No.43 of 2023 before the SDO, Alibag challenging the said Mutation Entry. Alongwith the appeal, Respondent No.1 filed application for condonation of delay. SDO took up only the application for condonation of delay and issued notices to the Respondent therein (Petitioners herein). It appears that Petitioners did not appear before the SDO. After considering the submissions canvassed on behalf of the Appellant/Respondent No.1, SDO proceeded to pass order dtd. 17/5/2023 allowing the application for condonation of delay holding that the Appeal was required to be decided on merits. He accordingly fixed further date of hearing in the appeal.