S.S.JHA
Ram Lakhan Rawat – Appellant
Versus
State of M. P. – Respondent
1. Petitioner is aggrieved by the order dated 14.1.1997 passed by the Collector. Morena in revision (Annexure P/6) The revisional Court has set aside the order passed by the Sub-Divisional-officer in appeal and quashed the appointment of the petitioner as Panchayat Karmi.
2. Learned counsel for the petitioner submitted that the order Annexure P/6 passed by the Collector is without jurisdiction. Under Section 91 of the Madhya Pradesh Panchayat Raj Adhiniyam. 1993 (hereinafter, referred to as the Adhiniyam') remedy of either appeal or revision is available. He submitted that the order of the revisional Court is without jurisdiction.
3. Learned counsel for the petitioner further submitted that even otherwise, resolution passed by the Panchayat is neither appealable nor revisable under the provisions of the Adhiniyam. Therefore, the appeal before the Sub-Divisional-Officer was not competent. He further submitted that since the appeal itself was not maintainable, therefore, any order in revision is without Jurisdiction and the entire proceedings culminating into revision deserve to be quashed.
4. Counsel for the respondents submitted that in the light of the decision of Division Bench
8. Satyabhan Singh Jadon v. State of M.P. = [1997 (1) JLJ 391
9. Ramnath Kaushik v. State of MP. & others = [1999 (1) JLJ 146 ].
6. Nariruddin v. State Transport Appellate Tribunal = (AIR 1976 SC 331)
7. Central Bank of India v. Gokal Chand = (AIR 1967 SC 799)
10. Ram Charan Ahirwar v. Sub Divisional Officer
5. Corporation of Calcutta v. Liberty Cinema = (AIR 1965 SC 1107)
1. Collector of Customs, Bombay v. Shibani Engineering System
3. Sri Ganganagar Urban Cooperative Bank Ltd. v. Prescribed Authority = (1997) 6 SCC 29
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.