R.P.AWASTHY, GULAB C.GUPTA
Murari Lal And Ors. – Appellant
Versus
State Of Madhya Pradesh And Ors. – Respondent
R.P. Awasthy, J.
1. Short question involved in the present case is as to whether appealability of an order and an appeal having been filed by an unconcerned and third person, is a bar to suo motu exercise of revisional powers under Section 50 of the M. P. Land Revenue Code of 1959 (Code in short).
2. The facts relevant for the purpose of this order are as below :-
The relevant lands of village Padoriya and Simariya Khurd, situated in Tahsil Kareli, Distt. Narsinghpur were recorded in patwari papers in the name of the deity of Shri Deo Ramchandraji. The name of Yashoda Bai, predecessor in title of the present petitioners, was recorded as sarwarahkar on the said lands in patwari papers. The present petitioners applied for mutation of their names on the said lands in the year 1985. By an order passed by Naib Tahsildar, Kareli presumably under Section 110 of the Code, the names of the petitioners were mutated on the relevant lands in revenue records. From the contents of the impugned order dated 20-12-1991 passed under Section 50 of the Code by the Collector, it appears that the said order passed by Naib Tahsildar, Kareli could not be traced and remained untraceable. Subsequently, th
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