Yashodhan Sawant 30 December 2024

Applicability of section 232(3) of the maharashtra land revenue code

An R.T.S. Appeal was filed by X person for cancellation of a mutation entry. The court of Sub Divisional Officer (SDO) rejected the appeal. Mr. X filed R.T.S. Appeal in the court of Additional Collector against the order of SDO. The R.T.S. The respondent received the notice and appointed an Advocate. After filing an initial objection, the advocate as well as the respondent did not attend the hearing and then the Addl. Collector decided the case ex-parte but on merits. The respondent filed an application under Section 232(3) of the Maharashtra Land Revenue Code within 30 days for restoration of the RTS Appeal. The court has not yet given the decision but is informally saying that Section 232(3) is not applicable since the order is on merits and with due notice to the respondent.
Can you confirm if Section 232(3) will be applicable or not?

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5 Replies

Dr. J C Vashista (Advocate ) 30 December 2024

Since the appeal has been decided ex-parte it cannot be restored on the application of the party which was declared ex-parte.

However, local laws apply in the instant case, it is better to consult another local prudent lawyer, if you are appearing as party in-person and/or have lost faith in your lawyer.

T. Kalaiselvan, Advocate (Advocate) 30 December 2024

Even though you state that the appeal was decided on merits, but the appellate authority has set the respondent exparte before passing the decision, therefore the application filed by the respondent to set aside the exparte order is very much maintainable.

Section 232(3) of the Maharashtra Land Revenue Code, 1966, allows a party to apply to set aside an order passed under sub-section (1) or (2). The party must apply within 30 days of the order, and must provide a sufficient reason for not being able to pay the process fees or appear at the hearing. The Revenue Officer or Survey Officer can set aside the order after giving notice to the opposite party and making any necessary inquiries.

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P. Venu (Advocate) 30 December 2024

What do you mean by "informally saying". The proceddings are quasi-judicial and the authority is required give a decision on the application to set aside the ex-parte decision, irrespective of whether the decision is on merits or otherwise.

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Yashodhan Sawant 01 January 2025

Thank you all for your valuable feedback.

Dr. J C Vashista (Advocate ) 02 January 2025

The respondent (in appeal) was properly served, who is stated to have put his appearance before the Appellate Court subsequently did not appear to attend proceedings of the subject appeal and the appeal has been decided on its merit.

Section 232(3) of the MLR Code, 1966 is inoperative and inapplicable in the instant case as the rule (code) provides for filing of application to set aside an order passed by Revenue Office or Survey Officer but not before the appellate authority i.e., Addl Collector in the appeal, which lays down:

Application to set aside an order

A party against whom an order is passed can apply to have it set aside within 30 days. The application must be based on a sufficient cause, such as being prevented from paying the process fees or appearing at the hearing. The Revenue Officer or Survey Officer can set aside the order after providing notice to the opposite party and making an inquiry.

Accordingly the order passed in appeal by the Addl Collector do not attract the provisions of Section 232(3) of the Code and application to set aside in appeal is inapplicable.