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1972 Supreme(MP) 118

SHIV DAYAL, A.P.SEN, G.P.SINGH
RAVISHANKAR DUBE – Appellant
Versus
BOARD OF REVENUE, MADHYA PRADESH, GWALIOR – Respondent


Advocates Appeared:
J.P.BAJPAI, R.K.Pandey

SHIV DAYAL, J.

( 1 ) THIS Full Bench has been constituted to decide this petition under Articles 226 and 227 of the Constitution for quashing the order of the Board of Revenue, holding that no second appeal, or revision under Section 50 of the M. P. Land revenue Code, 1959, (hereinafter called "the Code" or "the Revenue Code") lies from an order passed under the M. P. Ceiling on Agricultural Holdings Act, 1960 (hereinafter called "the Act" or "the Ceiling Act" ).

( 2 ) THE Division Bench, which referred to the larger Bench this case for decision, found conflicting views expressed by earlier Division Benches.

( 3 ) THE questions arising for our decision, which have to be determined on a true construction of Sections 41 and 42 of the Ceiling Act and Sections 44 and 50 of the revenue Code, are:--

(1) Whether a second appeal lies under Section 44 (2) of the M. P. Land revenue Code, 1959, from an order passed in an appeal under Section 41 of the M. P. Ceiling on Agricultural Holdings Act, 1960. (2) Whether the powers of revision under Section 50 of the Revenue code can be invoked and exercised against an order passed under the ceiling Act.

( 4 ) THE Ceiling Act provides for the Impositio





































































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