R.S. Shukla, Member

Non-applicant's application under section 38(2) of the Zamindari Abolition Act was rejected by the Tahsildar, but allowed by the Sub-Divisional Officer in first appeal. In second appeal, the Additional Commissioner, rejected it on the ground that in view of the insertion of section 38-A by the Second Amendment Act, 1959, no second appeal was permissible. The Additional Commissioner has further observed that the decision of the High Court (Gwalior Bench) in Sujansingh v. Dwarka Pd. 1959 MPLJ 738 is "no longer to be regarded as a good law in view of the provisions of the right of appeal against the order of the Tahsildar under section 38-A(1) of the Act".

The learned counsel for the non-applicant justified the view taken by the Additional Commissioner and urged that after the insertion of section 38-A, the order of the Collector in first appeal had become final and conclusive. I am unable to subscribe to this view. In the above mentioned decision of the High Court it has been held that an action taken by the Tahsildar under section 38(2) is purely an administrative act and any order passed thereunder is not an appealable order, but, at the same time, it did hol