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Showing contexts for: mlrc in Harshbahadur Jaskaransingh Thakur vs Collector Of Palghar on 2 July, 2024Matching Fragments
3. The prayer made in the writ petition is for issuing a direction to correct the land record entries in terms of the provisions contained in the Maharashtra Land Revenue Code, 1966 (hereafter referred to as "MLRC").
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4. On a query made to the petitioner no. 1, who appears in- person, he has stated that on an application preferred by him under section 155 of MLRC, the Tahsildar concerned has passed an order rejecting his prayer for correction of the records by passing an order probably in December 2022. Admittedly, against the order passed under section 155 of MLRC, the statutory remedy of appeal available to the person aggrieved by such an order is to invoke section 247 of MLRC.
5. On being asked as to why this petition may not be dismissed as having been rendered infructuous as the application filed by the petitioner seeking correction of the land records has been rejected and he has not availed the remedy of appeal available to him under section 247 of MLRC, petitioner no. 1 states that it is a matter of his fundamental rights and once under the provisions of Transfer of Property Act, 1982, it is the duty of the Collector and other authorities to have corrected the records and by not doing so, he is deprived of his fundamental rights.
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7. Accordingly, we dispose of this writ petition with liberty to the petitioner to avail the remedy of appeal under section 247 of MLRC, if he so desires, against the order passed by the Tahsildar concerned, whereby, it is said, his application seeking correction in the revenue record has been rejected. In case such an appeal is filed, the proceedings thereof shall be expedited by the appellate authority and the same shall be concluded within a period of six months from the date such an appeal is preferred to the appellate authority.
9. We are afraid, we cannot persuade ourselves to agree with such submission made by the petitioner. It is a simple case where the grievance of the petitioner, initially, at the time of filing of this petition, was that the revenue records contain certain wrong entries. During the pendency of the writ petition, his application seeking correction of revenue records, made by him under section 155 of the MLRC, has been rejected and as such, in our opinion, the remedy which the petitioner needs to invoke is that of filing a statutory appeal available to him under section 247 of the MLRC.