Bombay High Court
Babu Ramu Kushare Through Poa vs The State Of Maharashtra And Ors on 5 December, 2018
Author: A.S. Oka
Bench: A.S.Oka, M.S.Sonak
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 2041 OF 2018
IN
WRIT PETITION NO. 7504 OF 2015
Shri Balwantrai Harilal Parekh
Since deceased through legal heirs
Paresh Balwantrai Parekh and others. ... Applicants.
In the matter between
Shri Balwantrai Harilal Parekh
Since deceased through legal heirs
Paresh Balwantrai Parekh and others. ... Petitioners.
V/s.
State of Maharashtra and others. ... Respondents.
WITH
WRIT PETITION (ST.) NO. 11253 OF 2017
Babu Ramu Kushare. ... Petitioner.
V/s.
The State of Maharashtra and others. ... Respondents.
WITH
WRIT PETITION (ST.) NO. 11254 OF 2017
Babu Ramu Kushare. ... Petitioner.
V/s.
The State of Maharashtra and another. ... Respondents.
Mr.Balasaheb Gunda Ligade for the applicants (in CAW-2041/18).
Mr.Sandip Shinde with Mr.Ravi Asabe i/b. Ergo Juris for the
petitioners in both the petitions.
Mr.Y.S.Khochare, AGP for the respondents/State in all matters.
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CORAM : A.S.OKA AND M.S.SONAK, JJ.
RESERVED ON : 2nd November 2018.
PRONOUNCED ON : 5th December 2018.
JUDGMENT :(Per A.S. Oka, J.) There is a common issue involved in these three petitions. The issue is about the manner in which revision applications and appeals under the Maharashtra Land Revenue Code, 1966 (for short "the said Code") are being dealt with by the State Government. On the basis of the submissions made across the bar, the issues/ grievances which are the subject matter these three petitions can be summarized as under:
a) The appeals/ revision applications which are maintainable before the State Government under the provisions of the said Code and, especially the applications for interim relief therein remain pending for inordinately long time;
b) As the applications for interim relief are not heard for considerably long time, the appellants/ applicants are forced to approach this Court by invoking a remedy under Article 226 of the Constitution of India for issuing necessary directions to the appellate/ revisional authority;
c) The parties or their advocates do not get an opportunity to mention their matters before the appellate/ revisional authority for grant of urgent interim reliefs and that the applications are heard as and when the appellate/revisional authorities are available;::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:32 :::
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d) There is no date fixed for pronouncement of judgments.
Invariably, there is a delay in communicating the judgments and/or orders. There is no opportunity to the unsuccessful party to apply for continuation of interim relief to enable him to effectively challenge the judgment and order .
2. In Writ Petition (St.) No.11253/2017, the grievance of the petitioner is that an appeal preferred by the petitioner in March 2016 is not being heard by the State Government which is the appellate authority and even applications for interim relief are not being heard. In Writ Petition (St.) No.11254/2017, the grievance is identical.
3. Writ Petition No.7504/2015 was disposed of by the order dated 6th August 2015 by a Division Bench of this Court directing the State Government to decide the revision application preferred by the petitioners by the end of the year 2015. As the said order was not complied with, a contempt petition was filed therein which was disposed of by the order dated 8th September 2016 by another Division Bench of this Court by which time to dispose of the revision was extended by a period of two months. The grievance in Civil Application No.2041/2018 is that the said revision application is not being disposed of notwithstanding the two orders passed by this Court. We must note that in this civil application, a communication dated 24 th September 2018 addressed by the Desk Officer of the Revenue and Forest Department to the Assistant Government Pleader is filed which records that the revision application was disposed of by the judgment and order dated 23 rd August ::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:32 ::: SKN 4/20 2041.18-caw-- (2).doc 2017. A regret has been expressed in the said letter that the revision application could not be disposed of within the time fixed under the order dated 8th September 2016. It is contended that the said order was not served to the applicant. Such grievances arise as after the appeals and revision applications under the said Code are heard by the State Government, the date for pronouncement of judgment is never communicated to the parties.
4. We have extensively heard the learned counsel appearing for the parties as well as the learned AGP for the State. Our attention is invited to the judgment and order dated 24th March 2009 in Writ Petition No.4101/2007 (Smt.Savitri Chandrakesh Pal v. State of Maharashtra and others) wherein the procedure for dealing with the appeals by the State Government has been laid down. Our attention is also invited to the judgment and order dated 17 th February 2011 in Writ Petition No.9708/2010 (Smt.Chaya Jagan Kale v. The State of Maharashtra and others) which again lays down guidelines. The learned AGP has placed on record a copy of the Government Resolution dated 17 th December 2015 issued by the Revenue and Forest Department by which certain guidelines have been laid down for dealing with the appeals and revisions filed before the State Government. It provides for maintenance of a register. It lays down time-line for disposal of interim applications in appeals. The learned AGP has also placed on record a draft notification/ Government Resolution proposed to be issued by the State Government dealing with the issue. He urged that the State Government is willing to issue a Government Resolution in terms of the said draft.
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5. The learned counsel appearing for the petitioners have also invited our attention to various issues concerning the manner in which such appeals and revision applications are being dealt with. It is pointed out that as a matter of course, practically in every case where there is an urgency, as the State Government as the appellate/ revisional authority under the said Code is not giving priority to the hearing of the interim applications, the appellants/ applicants are forced to approach Writ Court.
6. We have considered the submissions. Section 247 of the said Code generally provides for a remedy of two appeals against the orders passed in the proceedings under the said Code. Section 248 is relevant which lays down as to which appeal lies to the State Government. Section 248 reads thus:
"248. Appeal when to lie to State Government:
An appeal shall lie to the State Government from any decision or order passed by a Commissioner or by a Settlement Commissioner or by a Director of Land Records, or by a Deputy Director of Land Records invested with powers of Director of Land Records, except in the case of any decision or order passed by such officer on appeal from a decision or order itself recorded in appeal by any officer sub- ordinate to him."
Section 250 of the said Code lays down the period of limitation and section 251 confers power to condone the delay. Section 254 deals with accompaniments of appeals. Sub-section (2) of section 256 confers power on the appellate authority to stay the execution of the orders appealed against. The proviso to sub-section (2) lays down the ::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:32 ::: SKN 6/20 2041.18-caw-- (2).doc conditions on which an order involving payment of amount to the State Government should be stayed.
7. Section 257 and, in particular sub-section (1) thereof confers power on the State Government to entertain revision applications against certain orders. Section 257 reads thus:
"257. Power of State Government and of certain revenue and survey officers to call for and examine records and proceedings of subordinate officers.
(1) The State Government and any revenue or survey officer, not inferior in rank to an Assistant or Deputy Collector or a Superintendent of Land Records, in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate revenue or survey officer, for the purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer.
Provided that, no such proceedings under this sub- section or sub-section (2) shall be initiated by any revenue or survey officer after expiry of a period of five years from the date of decision or order of the sub-ordinate officer except with the previous permission of the State Government.
(2) A Tahsildar, a Naib-Tahsildar, and a District Inspector of Land Records may in the same manner call for and examine the proceedings of any officer sub ordinate to them in any matter in which neither a formal nor a summary inquiry has been held.
(3) If in any case, it shall appear to the State Government, or to any officer referred to in sub-section (1) or sub-section (2) that any decision or order or proceedings so- called for should be modified, annulled, or reversed, it or he may pass such order thereon as it or he deems fit:
Provided that, any proceedings brought before any revenue or survey officer shall be disposed of within a period of one year from the date on which such proceeding is filed;::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:32 :::
SKN 7/20 2041.18-caw-- (2).doc Provided further that, any proceeding pending under this section, before any revenue or survey officer on the date of commencement of the Maharashtra Land Revenue Code (Amendment) Act, 2016, shall be disposed of within a period of one year from the date of such commencement:
Provided also that, where the revisional authority fails to dispose of any such proceeding within the period specified in this sub-section, the State Government alone shall be competent to grant such further extension of time for disposing of any such proceeding as it may deem fit, after recording reasons therefor in writing.
Provided also that, in exceptional circumstances, for reasons to be recorded in writing, the period for disposing of any such proceeding may be extended further by six months by the State Government or an officer not below the rank of Collector designated in this behalf who is superior to the revisional authority:
Provided also that, if the revisional authority fails to dispose of any such proceedings within the period specified in sub-section (3), without sufficient cause, then he shall be liable for disciplinary action in accordance with the concerned disciplinary rules applicable to him:
Provided also that, the State Government or such officer shall not vary or reverse any order affecting any question of right between private persons without having given to the parties interested notice to appear and to be heard in support of such order:
Provided also that, an Assistant or Deputy Collector shall not himself pass such order in any matter in which a formal inquiry has been held, but shall submit the record with his opinion to the Collector, who shall pass such order thereon as he may deem fit.
(4) Revision of an order issued under sub-section (1) or (2) by any officer referred to therein shall not be permissible;
but it shall be lawful for the State Government alone to modify, annul or reverse any such order issued under sub-section (1) or (2)."
::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:32 :::SKN 8/20 2041.18-caw-- (2).doc Sub-section (3) of section 256 confers power on the revisional authority to stay the execution of the order against which a revision is entertained. The said provision is similar to the provision of sub-section (2) of section 256 which confers power on the appellate authority to grant stay.
8. The provisions of the said Code will show that the State Government as an appellate authority/ revisional authority under the said Code is empowered to decide a lis between the parties. Hence, the State Government exercises quasi-judicial powers while dealing with appeals/ revisions. The appellate and revisional jurisdiction is conferred on the State to deal with quasi judicial orders passed by the authorities under the said Code. In many cases, the State Government is required to decide even an issue of title to a land. One such category of cases is of revisions arising from orders passed in the proceedings under section 20 of the said Code. In exercise of the Rule making power under section 328 of the said Code, the Maharashtra Land Revenue (Appeals, Revision and Review) Rules, 1967 (for short "the said Rules of 1967") have been framed. Rules 3 to 5 are the only material Rules which read thus:
"3. Form and contents of appeal and application:-
(1) Every appeal or an application for revision or review under Chapter XIII of the Code shall be made in the form of a petition addressed to the appropriate authority and shall be drawn up in concise and intelligible language. It shall bear the signature or thumb impression of the appellant or, as the case may be, the applicant, or his duly authorised agent and shall bear a Court-fee stamp of such value as is provided therefor in the Bombay Court-Fees Act, 1959.
(2) The appeal or application shall contain the following particulars, that is to say;-::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:32 :::
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(i) the name of the appellant or the applicant, as the case may be;
(ii) his father's name;
(iii) his occupation and place of residence and address, and
(iv) the name and address of the writer, if any, of the appellant or applicant.
(3) The appeal or application shall also contain a brief and statement of facts on which the appellant or applicant relies in support of his appeal or application, and the grounds of his objection to the order or decision against which the appeal or application is made.
4. Presentation of appeal and application;-
(1) Appeals or applications for revision or review may either be presented to the appropriate authority in person or be forwarded to it by post.
(2) Where an appeal or application is sent by post, the postage on the cover containing it must invariably be fully pre-paid.
5. Rejection of appeals and applications :- Non- compliance with the provisions of the preceding rules in any material respect may render an appeal or application liable to be rejected without enquiry into its merits."
9. Now, we turn to the decision wherein the procedural guidelines have been laid down in the case of Smt.Savitri Chandrakesh Pal (supra). The learned single Judge of this Court in paragraphs-17 to 19 has laid down the following guidelines:
"Procedural Guidelines for Quasi-Judicial Authority :
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17. This Court in exercise of powers conferred under Articles 226 and 227 of the Constitution of India prescribes the following procedure to be adopted by quasi-judicial authorities including the Ministers, Secretaries, officials and litigants while hearing and determining appeals, revisions, review applications and interim applications etc.:::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:32 :::
SKN 10/20 2041.18-caw-- (2).doc (1) Memo of appeal or revision, review and or any application shall specifically mention under which enactment and/or under what provisions of law the said appeal/ review/ revision or application is filed.
(2) The appellant/ applicant shall give a synopsis of concise dates and events along with the memo of appeal or revision. (3) The appeal, revision and/or application shall be filed within a period stipulated under the law governing the subject from the receipt of the order/ decision which is impugned in the above matter. In the event of delay, it should only be entertained along with application for condonation of delay. (4) At the time of presentation of the appeal, review or revision, the applicant shall, if, filed in person, establish his identity by necessary documents or he shall file proceedings through authorised agent, and/or advocate.
(5) The application shall be accompanied by sufficient copies for every opponents/ respondents and also supply 2 extra copies for the authorities. (6) For issuance of summons to the opponents/ respondents, court fees/ postal stamps of sufficient amount shall be affixed on the application form/ memo of appeal or revision as the case may be.
(7) In addition to service through the authority, appellant/ applicant may separately send the additional copies to each of the opponents/ respondents by registered post acknowledgement due and may file affidavit of service along with evidence of despatch. The postal and acknowledgment alone should be treated as evidence of service in the event of service through postal authority.
(8) In the event of an urgency of obtaining an interim relief like stay, injunction/ other interim order or direction or status-quo etc, a specific case of urgency should be made out in the application, which the authority may entertain subject to the brief reasons recorded. The said order shall also be communicated immediately to all the effected persons. The proof of timely despatch of the Registered A.D.s and all the acknowledgments shall be separately maintained.
(9) If there is real urgency, the concerned authority may grant ex parte interim/ ad-interim relief for the reasons to ::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:32 ::: SKN 11/20 2041.18-caw-- (2).doc be recorded for a particular period only within which time the service on the concerned opponents/ respondents shall be effected. Appellant/ applicant should file affidavit of service, if such party requires early hearing or continuation for interim relief or of an appeal, revision or review. (10) The competent authority shall also communicate the next date of hearing to all the parties along with time and place and shall, as far as possible, adhere to the said date and time of hearing.
(11) The concerned official in every department should be asked to remain present at the time of hearing and assist the concerned authority in the matter.
(12) Reasonable sufficient time be provided between the date of receipt of notice and the actual date of hearing. If any party is unable to remain present at the time of hearing for a sufficient cause, one further opportunity should be given to such party for hearing.
(13) The authority hearing quasi-judicial matters shall duly fix a date, time and venue for such hearing. Such authority shall refrain from interacting with third party during the course of hearing either in person or on phone and shall not do any act which would tend to affect or prejudice fair hearing. (14) A speaking order shall be passed by the authority hearing the matter as early as possible after the hearing is concluded and, as far as possible, within a period of four to eight weeks from the conclusion of the hearing, on the basis of the record before it as well as the submissions made at the hearing. The order must contain reasons in support of the order. (15) The authority shall not receive information or documents after the hearing is concluded and/or shall not pass the speaking order on the basis of such documents and/or information unless such material is brought to the notice of the parties to the proceedings following rules of natural justice. (16) The order passed by the quasi-judicial authority on the hearing shall be forthwith communicated to all the parties by Registered A.D. (17) No application or request or prayer from the political worker, Member of Legislative Assembly, Member of Parliament or third party shall be entertained in the quasi-
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(18) The order pronounced shall be communicated to the parties immediately.
(19) Record of hearing shall be meticulously maintained in a separate Roznama.
(20) The notings of concerned officials/ law assistants to assist the authority shall include only content of facts and legal provisions along with case laws, if any.
(21) The notings made by the law officials/ concerned officials shall not be in the form of order.
18. In addition to the above guidelines, the quasi-judicial authorities shall also follow the parameters laid down by this Court in the case of Lokmanya Nagar Priyadarshini v. State of Maharashtra, 2007 (1) Bom.C.R. 929, which read as under:
PARAMETERS "(a) While considering the stay application, the authority concerned should at least briefly set out case of the applicant/ appellant, as the case may be.
(b) While granting the ex parte order, it should be granted for a shorted duration with short notice to the opponent(s).
(c) If ex parte stay is to be granted, then the authority passing the order should specify the reasons in short for grant of ex parte order.
(d) The Authority passing the order should,
(i) record its findings as to whether or not a prima facie case is made out with short reasons in support of the finding;
(ii) record its finding as to in whose favour balance of convenience lies, and
(iii) record its finding whether non-grant of interim relief would cause any prejudice to the person seeking interim relief.
(e) The ingredients at (d) (i) to (iii) should be discussed and positive finding should be recorded while granting or refusing to grant interim relief."::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:32 :::
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19. The aforesaid procedural guidelines shall also be applicable to all quasi-judicial authorities in respect of hearing of appeals, revisions, review applications/ interlocutory applications, where there are no specific rules prescribed for hearing under a specific law like Maharashtra Co-operative Societies Act, Bombay Tenancy and Agricultural Lands Act, etc."
(emphasis added) The same guidelines have been quoted with approval in paragraph-23 by the Division Bench of this Court in its decision in the case of Smt.Chaya Jagan Kale (supra) which read thus:
"23. During the course of hearing, we have perused the original record. We are disturbed to note that despite one of us (V.C.Daga J.) issuing the procedural Guidelines for quasi- judicial authority in Writ Petition No.4101 of 2007 in the judgment dated 24.3.2009, the authorities are not following the said Guidelines. We approve and reiterate the said Guidelines which have been laid down in Paragraph No.17 of that judgment. For ready reference they are reproduced herein-
below: ..... ....."
10. It appears from the documents placed on record by the learned AGP and, especially the order dated 7 th July 2016 passed by the Hon'ble Chief Minister that the appeals/ revisions under the said Code which are maintainable before the State Government are being heard by the Hon'ble Cabinet Minister of the Revenue Department and the Hon'ble Minister for State of the Revenue Department. It is a common ground taken in several writ petitions filed in this Court that for various reasons, the Hon'ble Ministers empowered to exercise the powers are not regularly available to deal with urgent prayers for grant of ad-interim or interim ::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:33 ::: SKN 14/20 2041.18-caw-- (2).doc reliefs. Therefore, the State Government will have to examine whether the appellate/ revisional powers of the State can be conferred on some senior Secretaries.
11. In many cases, the appeals/ revisions applications arise out of disputes concerning agricultural lands having small areas. Small time farmers are the litigants in such cases. There are appeals/ revisions arising out of partition proceedings under section 85 of the said Code wherein the parties are litigating for years. In many cases and especially in the cases of farmers, the pendency of proceedings may affect their right to earn livelihood. Right to speedy justice is enshrined in our Constitution. There are several cases where there is an undue delay in even taking up the applications for ad-interim reliefs in appeals/ revisions for hearing. Such delays may defeat the very object of providing the remedy of appeal/ revision. Therefore, it is the duty of the State to ensure that the appellant or applicant in appeal and/or revision application, as the case may be, gets an opportunity to present his case before the appellate/ revisional authority for grant of ad-interim relief immediately after filing of appeals/ revisions. In any event, a litigant is entitled to make submission before the appellate/ revisional authority that his case should be taken up for consideration immediately as there is an urgency to grant ad-interim/ interim relief. The draft Government Resolution of October 2018 which is placed on record by the learned AGP provides for nominating the Officers who will decide when the urgent applications in appeals/ revision applications will be heard by the appellate/ revisional authorities. This provision in the proposed ::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:33 ::: SKN 15/20 2041.18-caw-- (2).doc Government Resolution implies that a litigant will never get a chance to mention his case before the appellate or revisional authority so that he can make out a case for urgency. Not making available an opportunity to the litigants to move the appellate/ revisional authority even for praying that the application for interim relief should be taken up immediately virtually amounts to denial of justice which cannot be countenanced by a Writ Court. In the case of Noor Mohammed v. Jethanand1, the Apex Court held thus:
"28. In a democratic set-up, intrinsic and embedded faith in the adjudicatory system is of seminal and pivotal concern. Delay gradually declines the citizenry faith in the system. It is the faith and faith alone that keeps the system alive. It provides oxygen constantly. Fragmentation of faith has the effect-potentiality to bring in a state of cataclysm where justice may become a casualty. A litigant expects a reasoned verdict from a temperate Judge but does not intend to and, rightly so, to guillotine much of time at the altar of reasons. Timely delivery of justice keeps the faith ingrained and establishes the sustained stability. Access to speedy justice is regarded as a human right which is deeply rooted in the foundational concept of democracy and such a right is not only the creation of law but also a natural right. This right can be fully ripened by the requisite commitment of all concerned with the system. It cannot be regarded as a facet of Utopianism because such a thought is likely to make the right a mirage losing the centrality of purpose. Therefore, whoever has a role to play in the justice- dispensation system cannot be allowed to remotely conceive of a casual approach."
(Emphasis added) 1 (2013) 5SCC 202 ::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:33 ::: SKN 16/20 2041.18-caw-- (2).doc If appellant or applicant, as the case may be, are not even permitted to move the appellate/revisional authority for hearing of the prayer for ad- interim relief, it will amount to denial of the access to justice. It will infringe his right of securing speedy justice. Therefore, it is necessary for the State to make available the said opportunity to the litigants. On many occasions, the Hon'ble Ministers exercising appellate/ revisional powers are not available. The State will have to consider of authorizing senior Secretaries to hear the prayers for interim/ ad-interim reliefs in absence of Hon'ble Ministers. The State Government must ensure that the appellate/ revisional authority is available at a fixed time of every working day so that the litigants can mention their matters.
12. Another difficulty expressed across the bar is that the dates for pronouncement of judgments are never communicated to the litigants in appeals/ revisions where the judgment is reserved. As a result, in some cases, the successful party gets intimation of the judgment/order before the unsuccessful party which prevents the unsuccessful party from effectively challenging the decision. Moreover, there is nothing placed on record to show that the judgments in appeals and/or revision applications are being immediately uploaded on a dedicated website after the same are pronounced. If the judgments and orders as well as interim orders are uploaded, it will bring about a lot of transparency. Moreover, the litigants will not be required to apply for certified copies. Uploading of orders on website to enable the litigants to download copies thereof is an essential part of "ease of doing business". If the judgments and orders are uploaded, the same become immediately available to the litigants. In the ::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:33 ::: SKN 17/20 2041.18-caw-- (2).doc era of computers and internet, this will be a very minimum and legitimate expectation of litigants. This is also an integral part of the access to justice.
13. In many cases, we have come across, the revision applications and/or appeals filed with the State Government are not even numbered. There are no data entries made on the dedicated website of filing of appeals/ revisions. It is necessary to ensure that the appeals/ revisions filed before the State Government are numbered in a similar manner in which the proceedings are numbered in the Court of law. It will be appropriate if data entries are made of the proceedings filed on the dedicated website of the State Government so that the data becomes available to the litigants. By making available such data along with copies of the judgment and orders on public domain, a litigant is able to monitor the progress of his case while sitting at home. Not providing such elementary facilities may amount to denial of effective access to justice.
14. Thus, we propose to issue appropriate directions in addition to the directions already issued by the learned single Judge in the case of Smt.Savitri Chandrakesh Pal (supra) which are affirmed by the Division Bench in the case of Smt.Chaya Jagan Kale (supra).
15. Now, coming to the facts of the individual cases, Civil Application No.2041/2015 is taken out by the petitioner in Writ Petition No.7504/2015 inviting attention of the Court to the order dated 6 th August 2015 passed in the writ petition by which revision application ::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:33 ::: SKN 18/20 2041.18-caw-- (2).doc subject matter of writ petition was ordered to be disposed of before the end of the year 2015. In contempt petition taken out for the breach of the order dated 6th August 2015, vide order dated 8th September 2016, the time for was extended by two months. Now, by virtue of the communication dated 24th September 2018 which was referred earlier, the learned AGP claims that the revision application is disposed of by order dated 23rd August 2017. There is a serious doubt whether within a reasonable time, the order was communicated to the parties apart from the fact that within the time fixed in writ petition and extended in the contempt petition, the revision application was not disposed of. However, it is not necessary to grant any relief in the civil application as now a copy of the judgment is available.
16. Prayers in other two writ petitions are for directing expeditious disposal of appeals preferred in the year 2016. The grievance made in the writ petitions is that not only that the appeals were not taken up for consideration but even the prayer for interim relief was not heard. In these two petitions, directions will have to be issued to decide the interim applications as well as appeals within a time-bound schedule.
17. Hence, we dispose of the civil application and the writ petitions by passing following order:
(i) In addition to the directions issued in the case of Smt.Savitri Chandrakesh Pal (supra), we direct the State Government to ensure that each and every appeal/ ::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:33 ::: SKN 19/20 2041.18-caw-- (2).doc revision application as well as review application are serially numbered on par with the proceedings filed in the Civil and District Courts. Apart from maintaining the institution register, data entries shall be made of the proceedings filed on day to day basis on the dedicated website of the State Government which shall be accessible to the citizens;
(ii) The State Government shall ensure that interim and final orders passed by it in quasi judicial proceedings (appeals/ revision applications/ review applications) under the Maharashtra Land Revenue Code, 1966 are uploaded on the same dedicated website on which the data of proceedings is uploaded;
(iii) The State Government shall ensure that an intimation of the date fixed for pronouncement of judgment is served to the parties to the proceedings;
(iv) The State Government shall make a provision for serving notices/ intimations of the dates fixed for hearing by e-
mail/SMS/whats app in addition to usual mode of service to those parties who provide e-mail addresses and cell phone numbers;
(v) We hold that a litigant who prefers appeal/ revision/ review application before the State Government under the said Code has a right to move the appellate/ revisional authority and pray before the authority by appearing before the same that an application for ad-
::: Uploaded on - 05/12/2018 ::: Downloaded on - 29/12/2018 06:52:33 :::SKN 20/20 2041.18-caw-- (2).doc interim relief/ interim relief should be taken up immediately. It is the duty of the State to ensure that a litigant has an opportunity to mention his case before the appellate/ revisional authority for pointing out the urgency and for praying that application for interim/ ad-interim relief should be taken up immediately. The State Government may consider of conferring powers of hearing appeals/ revisions or interim applications therein on senior Secretaries who can hear the proceedings in absence of the Hon'ble Ministers;
(vi) The appeals/ revision applications and interim applications made therein shall be disposed of as expeditiously as possible and in accordance with the guidelines provided in the Government Resolution dated 17th December 2017;
(vii) The appeals which are subject matter of Writ Petition (St.) Nos.11253/2017 and 11254/2017 shall be heard and disposed of within a period of six weeks from the date this judgment and order is uploaded;
(viii) No separate direction is required to be issued in Civil Application No.2041/2018;
(ix) Both the writ petitions and the civil application are disposed of with the aforesaid directions.
(M.S.SONAK, J.) (A.S.OKA, J.)
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