VILAS GAJANAN BHUJBAL Vs. PUSHPA CHANDRAKANT DABHADE

JUDGEMENT

(1.) Rule returnable forthwith. Learned counsel appearing for the respondents waive service. By consent of parties, the matter is heard finally.

(2.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have impugned the order dated 3rd March,2014 passed by the Sub Divisional Officer, Daund-Purandar Sub-Division, Purandar (Saswad) in Revision Application No.29 of 2013 thereby setting aside the order passed by the Tahsildar on the ground that the Sub Divisional Officer had no power to decide the revision application in view of the provisions under section 23(2A) of the Mamlatdar's Courts Act, 1906 (for short the said Act) and also on the ground that the Collector had no power to delegate the powers conferred on him under section 23 to the Sub-Divisional Officer.

(3.) It is not in dispute that the impugned order is passed by the SubDivisional Officer under section 23 (2A) of the Mamlatdar's Courts Act, 1906. Section 23 of the Mamlatdar's Courts Act, 1906 reads thus :-