The court clarified the jurisdiction of the Sub-Divisional Officer under the Mamlatdars' Courts Act, 1906, and emphasized that the Sub-Divisional Officer had no authority to entertain and decide the revision application filed by the respondent No. 1.

Z.A. Haq, J.

1. Heard Shri Vyawahare the learned advocate for the petitioner and Shri Rao the learned AGP for respondent No. 2. None appears for respondent No. 1. The writ petition is of 2003. It had been on the hearing parties board for almost two months. Therefore, I am to proceeding with me matter in absence of the learned advocate for respondent No. 1.

2. The petitioner had filed an application under section 5 of the Mamlatdars' Courts Act, 1906 praying that respondent No. 1 be restrained from obstructing his way as stated in the application. The Mamlatdar by the order dated 23rd September, 2002 allowed the application filed by the petitioner and directed respondent No. 1 to remove the thorny iron wire fencing from the west northern end of the dhura of field of respondent No. 1 and to make available unobstructed way to the petitioner to go to his field Gat No. 20 of village Mangrud, Tah. Bhiwapur, Distt. Nagpur. Respondent No. 1 had challenged this order in revision under section 23 of the Mamlatdars' Courts Act, 1906. The learned Sub-Divisional Officer by the order dated 7th July, 2003 allowed the revision application and set aside the order passed by the Naib Tahsildar. The petitioner being aggrieved by this order has filed this writ petition.

3. Shri Vyawahare, the learned advocate for the petitioner has submitted that the revision was filed by respondent No. 1 before the Sub-Divisional Officer and it has been decided by the learned Sub-Divisional Officer. It is submitted that the Sub-Divisional Officer has no jurisdiction to entertain and decide the revision under section 23 of the Mamlatdars' Courts Act, 1906. Shri Vyawahare the learned advocate has submitted that section 23(2) of the Mamlatdars' Courts Act, 1906 provides for the revisional powers and lays down that the Collector shall have the powers to revise the orders passed by the Mamlatdar. It is submitted that section 23(2A) of the Mamlatdars' Courts Act, 1906 provides delegation of the powers of Collector and the delegation can be to Assistant Collector, Deputy Collector or Assistant Commissioner subordinate to the Collector. Relying on the abovementioned provisions, his submission is that the Sub-Divisional Officer cannot exercise the revisional jurisdiction under section 23(2A) of the Mamlatdars' Courts Act, 1906. The learned advocate for the petitioner has submitted that even on merits, the learned Sub-Divisional Officer has found in favour of the petitioner, however, the revision filed by respondent No. 1 is allowed on the technical ground that the application filed by the petitioner was not according to the requirements of sections 7 to 10 of the Mamlatdars' Courts Act, 1906.

4. Shri Rao, the learned AGP has submitted that section 13(4) of the Maharashtra Land Revenue Code lays down that the Sub-Divisional Officer can perform all the duties and functions and exercise all the powers conferred upon the Collector by the Maharashtra Land Revenue Code and therefore, the learned Sub-Divisional Officer has properly exercised the jurisdiction. It is submitted that the submissions made on behalf of the petitioner are unsustainable in law in view of the provisions of section 13(4) of the Maharashtra Land Revenue Code and therefore, petition may be dismissed.

5. Sections 23(2) and 23(2A) of the Mamlatdars' Courts Act, 1906 read as follows:

"23(2) Collector's power to revise Mamlatdar's proceedings.--But the Collector may call for and examine the record of any suit under this Act, and if he considers that any proceeding, finding or order in such suit is illegal or improper, may, after due notice to the parties, pass such order thereon, not inconsistent with this Act, as he thinks fit.

23(2A) Delegation to Collector's powers.--The Collector may delegate the powers conferred on him by this section to any Assistant Collector Deputy Collector, or Assistant Commissioner subordinate to him."

6. In view of the provisions of section 23(2A) of the Mamlatdars' Courts Act, 1906