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2000 Supreme(Bom) 951

B.B.VAGYANI
Prabhakar Sabaji Kandalkar – Appellant
Versus
Tahsildar, Sangamner & others – Respondent


Judgement Key Points

The legal judgment primarily addresses the issue of whether a statutory authority, such as a Collector acting under the provisions of the Bombay Village Panchayat Act, has the jurisdiction to condone delay under the Limitation Act, 1963. The court clarified that a Collector, being a statutory authority and not a Court, does not have the authority to apply the provisions of the Limitation Act for condoning delays (!) (!) .

The case involved a dispute raised by a village Sarpanch regarding a no-confidence motion. The petitioner contended that due to illness, he was prevented from raising the dispute within the prescribed period. The authorities below dismissed the dispute, holding that the Collector lacked the jurisdiction to condone delay under the Limitation Act because they are not courts (!) (!) .

The court emphasized that the scheme of the relevant legislation and the interpretation of the term "Court" in the Limitation Act indicate that only courts are bound by its provisions. Quasi-judicial bodies and administrative authorities, such as the Collector, do not fall within this definition. Therefore, the provisions of section 5 of the Limitation Act, which allow for condonation of delay, are not applicable to such authorities (!) (!) .

Consequently, the court upheld the view that the authority responsible for deciding the validity of the motion is a statutory authority and not a court, and thus cannot invoke the Limitation Act's provisions for condoning delay. The orders dismissing the dispute were found to be legal and valid, and the writ petition was dismissed accordingly (!) (!) .

In summary, the key legal principle established is that statutory authorities performing quasi-judicial functions do not have the jurisdiction to apply the Limitation Act for condonation of delay, and their decisions regarding limitation are within their statutory powers and limitations.


JUDGMENT- B.B. VAGYANI, J.:---Heard Shri S.R. Barlinge, learned Advocate for the petitioner, Shri C.K. Shinde, learned A.G.P. for respondent State and Shri N.C. Garud, learned Advocate for the respondent.

2. In this writ petition, very interesting question is raised as to whether the Collector acting under sub-section (3-B) of section 35 of the Bombay Village Panchayat Act, 1958 (for brevity, hereinafter referred to as the Act of 1958) has power to condone the delay by pressing into service the provisions of section 5 of the Limitation Act, 1963.

3. The petitioner was the Sarpanch of village panchayat, Talegaon Dighe, Taluqa Sangamner, District Ahmednagar. The respondents Nos. 3 to 13 are the members of the village panchayat, Talegaon Dighe.

4. A motion of no-confidence was moved against the petitioner. The Tahsildar, Sangamner was pleased to call the meeting on 20th October, 2000. The petitioner could not remain present in the meeting as he was suffering from Hepatitis and was under medical treatment from 19-10-2000 to 3-11-2000. He recovered slightly from the ailment on 4-11-2000. Thereafter, the petitioner raised a dispute under sub-section (3-B) of section 35 of the Act of 1958



















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