Misra, J. (for himself and on behalf of Hon'ble the Chief Justice, Abhay Gohil and S.K. Gangele, J1.) --

Introductory Backdrop

1. Questioning the assail-ability 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 Nyaya1aya (Khand Nyayapeeth 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 and another [2007(3) JLJ 220=2007(2) MPJR 229], wherein a view was expressed to the effect that an order passed by the learned Single Judge while dealing with the sustainabi1ity of the order passed by the Board of Revenue is delineated 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 and others v. Jaiprakash Siddha and others [2007(3) JLJ 151=2007(2) MPJR (FB)361=2007(3) MPLJ 595], whereby the