G.R. Dt. 13th September, 2019 – Department of Revenue and Forest – Sub – Procedure regulating Appeals, Revision and Review Applications filed under MLR Code in Maharashtra
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Guidelines regarding the Procedure to be followed in the matter of Applications citing urgency and seeking stay in the Appeals and Revision/Review Applications filed at the level of the Government
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- Jamin-2019/Pra.Kra.179/J-1A
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai-400 032
Dated:- 13th September, 2019
Reference:- (1) Government Resolution No:- S-30/2015/Pra.Kra.299/J-1, Dated 17th December, 2015.
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Preface:-
In the matter of land related disputes under the Maharashtra Land Revenue Code, 1966 and other land related Acts prevailing in the State, Appeals or Revision/Review Applications are filed by the concerned Applicants to the State Government from time to time. Such Appeals/Applications are handled as Quasi-Judicial matters. Such ancillary provisions are incorporated in the Maharashtra Land Revenue Code, 1966 -Chapters -12 and 13, the Maharashtra Land Revenue (Procedure of Revenue Officers) Rules, 1967, as well as the Maharashtra Land Revenue (Appeals, Revision and Review) Rules, 1967.
Appeals or Revision/Review Applications filed at the Government level are currently conducted by the following three Competent Authorities as Quasi-Judicial matters:-
- Hon’ble Minister (Revenue)
(2) Hon’ble Minister of State (Revenue)
(3) Principal Secretary-cum-S.D.O (A&R)
In the matter of land related disputes under the Maharashtra Land Revenue Code, 1966 and other land related Acts, Appeals or Revision/Review Applications are filed by the concerned persons or their Authorised Representatives to the State Government, from time to time.
Once the matters so filed are assigned as per the distribution of business or standing orders, they are taken up for hearing by the aforementioned three Competent Authorities. In this context, the Hon’ble Bombay High Court has passed detailed orders Dated 05/12/2018 in Civil Application No. 2041/2018 in Writ Petition No. 7504/2015, Writ Petition (Stamp) No. 11253/2017 and Writ Petition (Stamp) No.11254/2017.
Pursuant to the aforesaid orders of the Hon’ble High Court, the Government contemplated the matter of issuing written instructions or order vis-à-vis the Procedure to be followed while taking up urgent matters or stay applications for expeditious hearing on the grounds of urgency while handling Quasi-judicial mattes under various land related laws filed at the Government level, as well as the Procedure for effecting service on the parties of the orders passed by the Competent Authorities.
Government Resolution:-
In the matter of disputes under the Maharashtra Land Revenue Code, 1966 or other land related laws, Appeals or Revision/Review Applications of Quasi-Judicial nature are filed by the concerned persons or their Authorised Representatives, from time to time, to three Competent Authorities viz. (1) Hon’ble Minister (Revenue), (2) Hon’ble Minister of State (Revenue) an (3) Principal Secretary-cum-S.D.O (A&R) at the Government level, vis-à-vis the subjects assigned to them. If Applicants or Respondents in the matters filed at the Government level before these three Competent Authorities vis-à-vis the subject assigned to them, file applications requesting urgent hearing of the matters filed by them, such urgent applications are required to be adjudicated on the merits of each case, by the Competent Authority, by affording them a hearing.
However, where the Applicants or Respondents in the Quasi-Judicial matters filed at the Government level have to make a request to any of the aforesaid three Competent Authorities for the urgent hearing of the matters filed by them, there has to be a very clear order vis-à-vis the procedure to be followed by the office of the aforementioned three Competent Authorities regarding admission of the Request Applications, as well as intimation to the concerned Applicants of the date and time when the matters will be placed before the Competent Authority for the purpose of hearing. Accordingly, in the exercise of the powers conferred upon the Government under Section 13(3) of the Maharashtra Land Revenue Code, 1966, following directions in the nature of Guidelines, are hereby issued under this Government Resolution:-
(1) In the Quasi-Judicial matters filed at the Government level, the urgent Applications requesting an urgent hearing received from the Applicants or Respondents should be received in the office of the aforementioned three Competent Authorities, every Tuesday between 3.00 p.m. and 5.00 p.m. and the concerned Applicants or their Authorised Representatives should be apprised of the exact date and time when the urgent Applications will be taken up for hearing.
(a) The Special Duty Officer in the office of the Hon’ble Minister (Revenue) or such Nominated Officer as may be appointed by the Hon’ble Minister (Revenue).
(b) The Special Duty Officer in the office of the Hon’ble Minister of State ( Revenue) or such Nominated Officer as may be appointed by the Hon’ble Minister of State (Revenue).
(c) Section Officer/Under Secretary in the office of the Principal Secretary-cum-S.D.O (A&R) or such Nominated Officer as may be appointed by the Principal Secretary-cum-S.D.O (A&R).
(2) In the matter of land related disputes filed from time to time, under the Maharashtra Land Revenue Code, 1966 or other land related laws, a separate arrangement as described in the aforesaid Paragraph. 01, should be set up in the office of the Competent Authority for admitting/receiving the Urgent Applications filed by the concerned persons or their Authorised Representatives. Moreover, the responsibility of monitoring the proceedings in that regard, should be entrusted to the Nominated Gazetted Officer appointed for such purpose in the relevant office.
(3) Before filing Urgent Applications of the aforementioned nature, the Applicants or Respondents would be obliged to give Advance Intimation to all concerned Applicants or Respondents in the concerned matter, along with copies of such Urgent Applications and also enclose an Acknowledgement, thereof, with their Urgent Applications.
(4) The concerned Applicants would be obliged to enclose with the Urgent Applications, copies evidencing filing of the original Appeal Memo or Revision/Review Applications, before the Competent Authority.
(5) A separate “Special Register” for each Revenue related statute should be maintained in the office of the Competent Authority for making entries of the Urgent Applications, upon their receipt as described above.
(6) Upon receipt of the Urgent Applications, the Nominated Officer appointed for this purpose by the Competent Authority, in consultation with the Competent Authority, should hold an urgent hearing for ascertaining the urgency mentioned by the Applicant in the Urgent Applications.
(7) After conclusion of hearing on the Urgent Applications, orders shall be passed on such Urgent Applications by the Competent Authority on the basis of merits, thereof. Thereafter, such orders should be despatched to all concerned parties by Registered Post or by E-Mail message, if the concerned parties have furnished their E-Mail ID. Moreover, it should be published on the website of the Government viz. http://eqjcourts.gov.in.
(8) If the Competent Authority allows Urgent Applications, prompt hearing should be arranged in the Original Matters filed before the Competent Authority. Moreover, dispatch of Notice of hearing and the further steps in that regard should be initiated as per the Government Resolution at Reference No. 1, Dt. 17/12/2015 and in conformity with the directions applicable to the Competent Authority at the Government level. The said Notice should be despatched to the E-Mail ID furnished by the Applicant. Furthermore, if possible, SMS message should be sent to the Mobile Numbers furnished by them.
(9) Orders on merits should also be passed on the Original Applications filed by the concerned Applicants before the Competent Authority on the conclusion of hearing. Before proceeding to pass such orders or closing such cases for orders the concerned parties should be apprised of the same and after fixing a date for the pronouncement of judgment the concerned parties should be given an intimation, thereof, by the prescribed mode.
(10) After the pronouncement of judgment, copies of the orders passed by the Competent Authority should be furnished to all concerned parties by Registered Post or by E-Mail Message, provided the concerned parties have furnished their E-Mail ID. Moreover, the same should be published on the website of the Government viz. http://eqjcourts.gov.in , as well.
(11) If a Competent Authority rejects an Urgent Application, hearing should be arranged in the original matter filed before the Competent Authority, in conformity with the directions issued under Government Resolution at Reference No. 1 above, Dt. 17/12/2015.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 201909131247081819. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
RAMESH SHIVAJI CHAVAN – Digital Signature
[Ramesh Chavan]
Joint Secretary, Department of Revenue and Forest
Copy:-
[1] The Secretary to the Hon’ble Governor, Maharashtra State, Raj Bhawan, Malbar Hill, Mumbai,
[2] The Principal Secretary to the Hon’ble Chief Minister, Chief Minister’s Secretariat, Mantralaya, Mumbai-32,
[3] The Private Secretary to the Hon’ble Minister (Revenue), Mantralaya, Mumbai-32,
[4] The Private Secretary to the Hon’ble Minister of State (Revenue), Mantralaya, Mumbai-32,
[5] The Personal Assistant to the Hon’ble Chief Secretary, Mantralaya, Mumbai-32,
[6] The S.D.O/Personal Assistant to the Principal Secretary (Revenue), Mantralaya, Mumbai,
[7] The Personal Assistant to the Principal Secretary, Legislature Secretariat, Vidhan Bhawan, Mumbai,
[8] The Principal Secretary (Appeals and Revision), Department of Revenue and Forest, Mantralaya, Mumbai,
[9] All Divisional Commissioners,
[10] The Settlement Commissioner and Director of Land Records, Maharashtra State, Pune,
[11] All District Collectors/Additional Collectors,
[12] All Sub-Divisional Officers/Tahsildars,
[13] The Accountant General, Accounts & Entitlement/Audit, Maharashtra State (1), Mumbai,
[14] The Accountant General, Accounts & Entitlement/Audit, Maharashtra State (2), Nagpur,
[15] The Deputy Secretary (J-1A), Department of Revenue and Forest, Mantralaya, Mumbai,
[16] All Joint Secretaries/Deputy Secretaries/Under Secretaries/Section Officers in “J” Group, Department of Revenue and Forest, Mantralaya, Mumbai,
[17] Directorate of Information and Public Relations, Mantralaya, Mumbai-32,
[18] Select File (Desk-J-1A).
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[Text Translated by Adv. Prakash Manohar Chalke
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