Q.

19 State provisions relating to appeals, powers of appellate court and stay on execution
under MLRC 1966

Ans:

First of all, understand that provisions of appeals, powers of appellate court and stay on
execution given in Chapter XIII of MLRC 1966 do not apply to

A. Where it is mentioned that appeal lies before Maharashtra land revenue Tribunal.
B. Wherever it is written that appeal lies before some authority or court.

If you have received a decision from Revenue officer, Survey officer then you can appeal against
the decision to the Collector or Commissioner.

If you want to appeal against decision of settlement officer or Director of Land Records, then
appeal lies with the State Government.

If you want to appeal against decision of Collector or Commissioner, then appeal lies with the
State Government.

In any case there cannot be more than two appeals.

Manish Singh was a farmer and Shri. XYZ was a survey officer. In one case, XYZ gave less
compensation to Manish Singh. Manish Singh appealed against decision of XYZ to the
Collector. Meanwhile XYZ passed UPSC exam and joined as a collector in the same office. Now
XYZ can not hear appeal against his own order. He has to send it to some other authority to hear
the appeal.

S249 Appeal against review and revision

When a review or revision is passed, the appeal lies against such review or revision only if the
review or revision has reversed the earlier order. The appellate authority will consider the
revision order as if it is original order from the revision authority and hear the case.

S250 Limitation period

60 days from order passed by an officer of rank below Collector

90 days in all other cases.

S251 After limitation period, give satisfactory explanation to appellate authority.

S252 An appeal shall not lie against

i. When an appeal is admitted u/s 251 after limitation.

ii. When an appeal is already rejected.

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 iii. If you asked for stay in your review appeal, and appellate authority has granted or
rejected it, you can not appeal against the order.

S255 Powers of appellate authority

S256 Stay on execution order

A revenue officer may grant stay on any of order passed by officers inferior to him, if an
application is received for it within limitation period.

The Collector, Commissioner , MLR Tribunal and other appeallate authorities may grant stay in
the matters pending before them, if application is received.

Stay should be granted as a judicial matter.