Baburo S/O Deorao Bochare And ... vs Shivaji S/O Ninaji Borade And ...
2021 Latest Caselaw 2811 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        NAGPUR BENCH : NAGPUR.

                         WRIT PETITION NO. 134 OF 2018
                           Baburao Deorao Bochare and anr
                                               Vs.
                           Shivaji Ninaji Borade and others
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 Office Notes, Office Memoranda of                         Court's or Judge's Order
 Coram, appearances, Court's Orders
 or directions and Registrar's order
                 Shri N.HJ.Badhe, advocate for petitioner.
                 Shri A.J.Thakkar, advocate for respondent No.1
                 Shri N.R.Patil, AGP for state


                           CORAM :- AVINASH G. GHAROTE, J.

DATED :- 11.02.2021

Mr Badhe, learned counsel for the petitioners by inviting my attention to the judgment in Writ Petition No. 387 of 2017 which answered the reference as to the following question:

"Whether it is permissible for the Collector to delegate powers conferred on him by Section 23(2) of the Mamlatdar Courts Act, 1906 to any Sub-Divisional Officer as defined by Section 2(34) of the Maharashtra Land Revenue Code, 1966? If such delegation of powers is permissible, whether such delegation would entitle the Sub-Divisional Officer to exercise jurisdiction under Section 23(2) of the Mamlatdar Courts Act, 1906?"

by holding in para 13 as under;

"13. In view of the aforesaid discussion, we answer the reference and hold that the delegation of power by the Collector under sub-section (2A) of Section 23 of the Mamlatdars' Courts Act to the Deputy Collector or Assistant Collector, who is working as the Sub-Divisional Officer of the concerned divisions of the district, is correct, legal and proper. We, however, hold that if any dispute arises as to whether a particular Sub-Divisional Officer is not the Assistant Collector or Deputy Collector or Assistant Commissioner, as is referred to in sub-section (2A) of Section 23 of the said Act, it can be decided on its own merits, and in none of the decisions referred to above, such dispute was ever raised and decided."

submits that the issue as to whether a particular Sub-Divisional Officer is not the Assistant Collector as is referred to in sub-section (2A) of

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Section 23 of the said Act, can be decided on its own merits. He submits that in the instance case the impugned order has been passed by the Sub-Divisional Officer and whether he was an Assistant Collector or not is an issue which would arise in the present matter. He, however, submits that he does not have for the present the appropriate information in this regard and seeks time.

Mr. Thakkar the learned counsel for the respondent has no objection.

List the matter after two weeks.

JUDGE

Rvjalit