DIPAK MISRA, J. :- (For himself and on behalf of Hon'ble the Chief Justice, Abhay Gohil and S. K. Gangele, JJ.)-

INTRODUCTORY BACKDROP

Questioning the assailability and substantiality of the order passed by the learned single Judge in Writ Petition No. 5731/2006 the present writ appeal was preferred under Section 2 of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, (for short 'the 2005 Adhiniyam'). When the same was placed before a Division Bench for the purpose of admission on 20-8-2007 the Bench hearing the appeal took note of the decision rendered in the case of Rama and Company v. State of Madhya Pradesh, 2007 (II) MPJR 229, wherein a view was expressed to the effect that an order passed by the learned single Judge while dealing with the sustainability of the order passed by the Board of Revenue is delineation under supervisory jurisdiction under Article 226 or 227 of the Constitution of India and not in exercise of original jurisdiction under Article 226 of the Constitution and the dictum propounded in Dr. Jaidev Siddha v. Jaiprakash Siddha, 2007 (2) MPJR (FB) 361 : 2007 (3) MPLJ 595, AIR 2007 MP 269, whereby the view expressed in Rama and Co. (s