MAA UMIYA TRANPSPORT CITY Vs. NAGORAO LAHANU CHOUKE

JUDGEMENT

(1.) Heard.

(2.) By order dated 26th July 2016, Sub-Divisional Officer had decided appeal filed by the respondent No.5 under Sec. 247 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as "MLR Code").Being aggrieved by this order, the respondent No.1 and M/s. Pethe Builders and Developers had filed appeal under Sec. 247 of the MLR Code before the Collector,Nagpur. This appeal was filed on or about 30th Aug. 2016. In the meantime, the respondent Nos.1, 2 and 3 had approached the Sub-Divisional Officer and had orally requested for reviewing the order passed by him on 26th July 2016. On 27th March 2017, the Sub-Divisional Officer sent a communication to the Collector, Nagpur seeking permission as required by proviso (iii) to Sec. 258(1) of the MLR Code to review the order dated 26th July 2016. By communication/order dated 12th April 2017, the officiating Additional Collector granted permission to the Sub-Divisional Officer to exercise review jurisdiction. This communication/order dated 13th April 2017 was challenged by the petitioner before Divisional Commissioner, Nagpur by filing appeal under Sec. 247 of the MLR Code. This appeal is decided by the Divisional Commissioner by the impugned order. In the meantime, the respondent No.1 has filed application under Sec. 258 of the MLR Code before the Sub-Divisional Officer and has prayed that the order passed on 26th July 2016 be reviewed. This application is filed on 1st June 2017.

(3.) The communication/order of the Additional Collector, dated 13th April 2017 granting permission to the Sub-Divisional Officer to exercise jurisdiction under Sec. 258 of the MLR Code is challenged by the petitioners on the following grounds: