Rules made by the High Court under Article 227 of the. Constitution of India Relating to Appeals under Section

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1 CHAPTER XV Rules made by the High Court under Article 227 of the Constitution of India Relating to Appeals under Section 169 of the Maharashtra Municipalities Act (Act XL of 1965) 1. Appeals under section 169 of the Maharashtra Municipalities Act 1965 (Act XL of 1965) shall be described and numbered as Municipal Appeals They shall be entered in a separate register in form A appended here to, maintained for the purpose with necessary adaptation. 2. Every such appeal shall be instituted by the presentation of a petition of appeal by the appellant or his duly authorized agent, personally or through an advocate to the Judical Magistrate having Jurisdication in the case or to an officer appointed in his behalf for that purpose by such magistrate. 3. The petition of appeal shall contain (see from B Appended to these rules) the name, address of the appellant and the name and address of the respondent municipal council concerned and shall set up in a concise form the material facts on which the appellant numbered consecutively, and shall also set forth the grounds and which challenged and also the relief prayed for the petition of appeal shall also contain the averments as to whether the requirements of section 170 of the Maharashtra Municipalities Act have been complied with or not.the petition of appeal shall also be verified in the manner perscribed for the verification of plaint under the code of Civil Procedure (Act V of 1908).

2 4. The petition of appeal shall be accompanied by : i) A true copy of the Bill complained of ii) A true copy of the application made by the appellant disputing the claim of the Municipal council as required under Section 119 or 123 of the Maharashtra Municipalities Act, 1965 together with a true copy of the order, if any made on such application and the reason if any for such order. iii) The original receipt showing that the amount claimed by the Municipal Council has been deposited in the Municipal Office, and i) A spare copy of the petition of appeal to be served on the respondent Municipal Council. 5. If any petition of appeal is not in the form required, or is not accompanied by the documents required under these rules, the magistrate shall call upon the appellant to put the same in the required form and to supply the documents required within such time not exceeding one month as may be fixed in that behalf by him and on the appellant s failing to do so within the time allowed, may dismiss the appeal for failure to prosecutes : Provided however that on sufficient cause being shown for not being able to comply with the requisition within the time allowed and on the appellant carrying out the said requisition the appeal may be restored to the file. 6. When the presentation on the petition of appeal is in conformity with these rules, or is brought in conformity with them under Rule 5, the Magistrate shall issue notice in Form C appended to these rules to the respondent Municipal Council requiring it to cause appearance to be filed on its behalf on or before a date (Which shall not be more distant than 21 days from the date of the service of then notice on the respondent

3 municipal Council to be mentioned therein and also requiring it to file, if so desire, it written reply to the contention raised by the appeal on or before to the contentions raised by the applicant in this appeal on or before the said date and to serve a copy of the said written reply on the appellant such notice shall be accompanied by a copy of the petition of appeal. 7. The magistrate may extend the time for filling the written reply referred to in Rule The Written reply shall set out concisely in paragraph numbered consecutively the facts disputed by the respondent and the ground on which the respondent oppose the appellant s the grounds on which the respondent opposes the applicant s appeal, and shall be verified in the manner prescribed for the verification of a written statement under the Code of Civil Procedure (Act V of 1908.) 9. No party shall be entitled to lead evidence in addition to what has been led in the proceeding held under Section 119 or Section 123 of the Maharashtra municipalities Act 1965 unless permitted by the Magistrate. The Magistrate may however, suo motu call for additional evidence if he considers this necessary in the interest of Justice. 10. A party desiring to lead additional evidence shall apply in writing for permission to do so. It shall state in its application what evidence it wants to lead and give reasons why it should be permitted to lead the said evidence at the stage of the appeal. 11. If after hearing the objections of the opposite party and perusing the petition of appeal and written reply of the respondent and the other papers produced in the case, the Magistrate is of the opinion that it would be expedient in the interest of justice such additional evidence to be led, the same may be allowed to be led, provided, however that where one party is allowed to lead additional evidence the apposite party

4 shall also be allowed, if it so desires to lead evidence in rebuttal of such additional evidence. The magistrate may allow any fact to be proved affidavit it, subject thrower to the provisions of Order XIX of the code Civil Procedure (Act V of 1908) in that behalf. 12. The magistrate may suo motu or on the application of a party hold a local inspection for the purposes of deciding the appeal. Such inspection shall be held after giving due notice of it to the parties. Whenever such inspection and keep those notes in the record of the case as part of its record after duly exhibited them. 13. The provisions of Order XLI, Rules 15,16,17,18,19,2130,31 and 36 of the Code of Civil procedure (Act V of 1908) shall, so far as may be apply to these appeals. 14. Costs of the appeal shall be in the discretion of the Magistrate and where awardees may be quantified subject however to minimums of Rs. 15 and a maximum of Rs All revision applications under Section 171 of the Maharashtra act 1965 should be numbered as miscellmeous Criminal Application and should be shown in the Register inform II given in the schedule appended to Chapter XXIX of the Criminal Manual, The costs of such revision application shall be in the discretion of the Court and where awarded, be quantified subject, however to a minimum of Rs. 30 and a maximum of Rs FORM A Register of Municipal Appeals Municipal Appeal register of the court of.. of the year

5 No. of Appeal Date of receipt Names of Parties Date of Decision Date of dispatch to decision to authority FORM B IN THE COURT OF THE JUDICAL MAGISTRATE, FIRST CLASS AT Municipal Appeal No... of 19. A.B. of. (Appellant) The Municipal Council.. respondent (Give full description of the property, occupation of thing concerned) Respectfully showeth. 1. (1) That.. (Set out facts relevant to the appeal in paragraph) consecutively numbered) (2) (3) etc. II. Grounds of appeal are : (a)

6 (b) (C) etc. III. The applicant states : (a) That he has (or has not) brought this appeal within 15 days next after presentation of the Bill complained of, which has been presented to him on. (b) that an application, in writing, stating the grounds on which the claim of the respondent is disputed as required by Section 170 (b) of the Maharashtra Municipalities Act, 1965 has (or has not) been made by the applicant on. (c) That the amount of Rs... claimed from the applicant has (or has not ) been deposited by him in the respondents office on... IV. That the appellant has produced herewith : 1) a true copy of the Bill complained of : i) a true copy of the application made by the appellant disputing the claim made by the respondents as required under Section 119 (or section 123) of the Maharashtra Municipal Act, 1965 dated and a true copy of the order, dated made on the said application (if no order is passed state so). ii) The original receipt bearing No... dated for Rs... being the receipt for the amount claimed by the respondent and deposited by the appellant with the respondent. iii) A spare copy of the appeal petition. iv) The appellant therefore prays : (a)

7 (b) (c) etc. Dated this day of 19 (Signature) Appellant. I, A.B. of.. the appellant above named do hereby solemnly affirm that what is stated in paragraphs.. is true to my knowledge and what is stated in paragraph. Is true to my information and I believe the same to be true. Signed this day of..19. (Signature.) Appellant. FORM C Notice IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS AT municipal appeal No... of 19. A.B. of.(applicant).. The Municipal Council of. Respondent. To, The Municipal Council of.. the respondent.

8 Take notice that the appellant above named has field the above appeal in this Court objecting your claim in respect of the bill mentioned in the copy of the appeal petition here to attached on the ground mentioned therein and claiming the relief prayed for therein. You are, therefore, hereby required to cause appearance to be field on your behalf in the above matter within. Days from date of the service of this notice on your are further directed that if your desire to file any written reply to the contentions raised by the appellant you should file the same in this court on or before the aforesaid date fixed for your appearance in this Court after serving a copy thereof on the appellant above named and also file therewith an acknowledgment from the appellant that a copy of the written reply has been served on him. If no appearance is field on your behalf as required above. The appeal will be heard an d determined in your absence. By order of the Court Designation of the person signing. Dated this day of.. 19.