Section 59 in The Maharashtra Village Panchayats Act, 1959
59. Decision of claims to property by or against panchayat.
(1)In any village [* * * *] [The words 'to which a survey of lands being lands not ordinarily used for the purpose only of agriculture has been or is extended under any law for the time being in force' were deleted by Maharashtra 34 of 1970, Section 11.] where any property or any right in or any property is claimed by or on behalf of the panchayat, or by any person against the panchayat, it shall be lawful for the Collector, after formal enquiry, of which due notice has been given, to pass an order deciding the claim.(2)Any suit instituted in any Civil Court after the expiration of one year from the date of the communication of any order passed by the Collector under subsection (1) or if one or more appeals have been made against such order within the period of limitation, then, from the date of the communication of any order passed by the final appellate authority, as determined according to section 204 of the Bombay Land Revenue Code, [1879] [See now the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966).] [* * *] [The words 'or that section of the said Code as applied to the Saurashtra and Kutch areas of the State of Bombay' were omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.], sub-section (2) of section 158 of the Hyderabad Land Revenue Act, 1317 Fasli, or section 41 of the Madhya Pradesh Land Revenue Code, [1954] [See now the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966).], shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order, provided that the plaintiff has received due notice of such order.(3)(a)The powers conferred by this section on the Collector may be exercised also by an Assistant or Deputy Collector or by a Survey Officer or such other officer appointed under any of the Acts referred to in sub-section (2).(b)The formal inquiry referred to in this section shall be conducted in accordance with the provisions relating to such enquiry under the Acts referred to in sub-section (2).(c)A person shall be deemed to have due notice of any inquiry or order under this section if notice thereof has been given in the prescribed manner.
